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HomeMy WebLinkAboutC-3038 C- 3O3g ARCADIA POLICE DEPARTMENT TRAINING EXERCISE CONSENT & INDEMNITY AGREEMENT WHEREAS, the undersigned owner has given permission to the Arcadia Police Department to use subject property, described below, for training purposes; and WHEREAS, the owner acknowledges that the Arcadia Police Department lis not responsible for complete or partial destruction and/or demolition of the subject property. NOW, therefore it is agreed as follows: 1. I, DC Santa Anita Holdings LLC, agree that the Arcadia Police Department may enter onto subject property in order to conduct training exercises thereon and that the Arcadia Police Department is not liable or responsible in any way for the destruction of these premises or their contents. 2. I hereby represent and warrant that I am the owner of the subject property and have full authority to enter into this Agreement and to thereby bind the owner of the subject property described below. j 3. I agree that the City of Arcadia is not responsible for clean up, other than what items they use during the training session. City of Arcadia and Arcadia Police Department agree to clean up subject property as soon as possible after the conclusion of the training exercise. 4. I hereby release, discharge and agree to protect, defend, indemnify, and hold harmless the City, its Police Department, and their officials, officers, employees, interns and agents from any and all liability, causes of action, suits, debts, liens, claims, judgments, demands, injuries, damages, expenses or losses, of whatever nature, including, but not limited to, injury, death or damage to any person or property directly or indirectly prising from the training exercise conducted pursuant to this Agreement. This liability release shall be binding upon me, my heirs, successors, and assigns. 5. City of Arcadia agrees to hold the owner harmless from any liability it may incur as a result of the sole negligence of the City with regard to the training exercise referred to in this agreement. The owner will not be held liable for ANY harm or damages arising out of a condition created by the City of Arcadia, or the Arcadia Police Department. 6. I HEREBY AGREE THAT I HAVE CAREFULLY READ, UNDERSTAND, ACKNOWLEDGE AND AGREE TO THIS CONSENT AND INDEMNITY AGREEMENT. I UNDERSTAND THAT I AM GIVING UP VALUABLE LEGAL RIGHTS BY SIGNING THIS CONSENT AND INDEMNITY, AND THAT THIS AGREEMENT REPRESENTS A CONTRACT BETWEEN MYSELF AND THE CITY. I HAVE AGREED TO SIGN THIS AGREEMENT OF MY OWN FREE WILL. 7. I UNDERSTAND THAT I MAY SEEK THE ADVICE OF AN ATTORNEY IN ANY MATTER CONNECTED WITH THIS CONSENT AND INDEMNITY BEFORE I SIGN Page 1 of 3 THIS AGREEMENT. I UNDERSTAND THAT I MAY CALL AN ATTORNEY REFERRAL SERVICE OR LEGAL AID OFFICE IN ORDER TO OBTAIN LEGAL ADVICE. Page 2 of 3 8. I understand and agree that my signature indicates my acceptance of the terms of this Agreement and that this Agreement constitutes a material inducement to the City to conduct a training exercise at the subject property: My signature also expresses my consent for the City to enter the subject property, indicated above, for the purpose of conducting a training exercise. Such training exercise would not be performed without my signature and acceptance of the terms of this Agreement. Date(s) of Training Exercise: From 5/3/2016 to 5/30/2016 Property Owner: Subject Property Locations Name: DC Santa Anita Holdings LLC Address: 501 N. Santa Anita Ave. (Please print) Signature: - City: Arcadia, CA 91006 Date: 2 J 2 01 6 Contact Number(s) �Home: 6 z G - Z� 2 - z_s s 1 Cellular: jz6 - z s-4- 07 City of Arcadia Name: Dominic azzaretto City Manager Date: 10i:st,(5 Z) 2.O 1 APPROVED AS TO FORM: grtxple„L„.- 4e)tig Stephen P. Deitsch City Attorney Page 3 of 3