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HomeMy WebLinkAboutC04-361 Greater Eagle Fire Protection District ~o4'" Jf; f.. Jf-::t- AGREEMENT FOR USE OF BUILDING AND TEMPORARY EASEMENT (Destructive) Between EAGLE COUNTY AND GREATER EAGLE FIRE PROTECTION DISCTRICT This Agreement ("Agreement") is made and entered into this q-lf.tv day of November 2004, by and between EAGLE COUNTY, a body politic and corporate of the State of Colorado acting by and through its Board of County Commissioners (the "Grantor") and the GREATER EAGLE FIRE PROTECTION DISTRICT, a quasi-municipal corporation organized and operating pursuant to the laws of the State of Colorado (the "District"). WHEREAS, the Grantor is the owner of the following described real property, upon and above which is located a structure and/or structures: The 4-H Red Barn located on Fairgrounds Rd., in Eagle, Colorado. WHEREAS, Grantor desires to provide the real property listed above, and any and all of its appurtenances and fixtures, together with a temporary easement allowing right of access and use over and across the above-described real property, to the District for fire suppression, training, which may subject the structure to fire, fire suppression, and general demolition; and WHEREAS, the District desires to use said structure and easement rights so as to enable the District to conduct training exercises. NOW, THEREFORE, in consideration of these premises and the premises of the parties set forth herein, it is agreed: 1. Use of the Structures and Easement. Grantor hereby temporarily conveys to the District its right to use the structure(s), and all appurtenances and fixtures thereto, . appurtenant to and located on and above the hereinabove described real property for purposes of conducting training exercises. Grantor hereby conveys to the District a temporary easement in gross, allowing employees, agents, independent contractors, and volunteer members of the District and any agency acting with and pursuant to the authorization of the District, access over, through, and across the above described real property, as well as use of the structure for any and all purposes related in any manner whatsoever to training activities, fire ignition and extinguishment, demolition or cleanup, during the following times and dates: November 13th from 6:00 a.m. to November 14, 6:00 p.m. 2. Grantor's Warranty. Grantor warrants and represents that it has full right, title and interest in and to the above described real property and appurtenant structure, its fixtures and appurtenances, and further, he/she has full and proper authority to convey said easements and the right to use the structure(s), together with all appurtenances and fixtures thereto, to the District. Grantor knows of no hazardous material, including asbestos, within on, under or contained in materials associated with the real property or structure. Grantor has provided Demolition Notification to the Colorado Public Health and Environment, Air Quality Division, regarding the demolition of the applicable structures. 3. No Waste of Real Property. It is the intent of this Agreement that the structure will purposely be subjected to destructive training activities which may include burning and demolition by the District or its agents, employees, or volunteers. The Grantor agrees that any and all damage or destruction resulting to the structure, its fixtures and appurteminces, or to the real property, upon which the structure resides, shall not be construed as "waste" of such structure, or the real property upon which said structure is located. 4. Utilities. It shall be the obligation of the Grantor to arrange for the disconnection, relocation, or removal, as prescribed by the District, of all utility lines, meter stations, and overhead wires that are attached to the structure, or pass over or through the real property described above. This shall be accomplished before any training activities are initiated by the District. 5. Liability and Indemnification. To the extent permitted by law, the District shall indemnify, defend and hold the Grantor harmless from and against any and all claims arising from the District's use of the Structure(s), and the dispersal of the debris following demolition of said structure(s) or from the conduct by the District of any activity, program or thing that may be permitted or suffered by the Grantor in or about the structure(s), except that neither the District, its directors, agents or employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any negligent or intentional act of the Grantor or any third party not an agent or employee of the District. The District shall also indemnify, defend and hold the Grantor harmless from and against any and all claims arising from any breach or default in the performance of any obligation of the District's part to be performed under the provisions of this Agreement or arising from any negligence, recklessness, intentional acts or omissions of the District or any of its agents, employees or invitees and from any and all costs, attorney fees, expenses and liabilities incurred in the defense of any such claim or action or proceeding brought on any such claim; provided, however, that nothing contained herein waives or is intended to waive any protections that may be applicable to the District under the Governmental Immunity Act, Section 24-10-101 et. seq., C.R.S., or any other rights, protections, immunities, defenses or limitations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution and applicable laws. To the extent permitted by law, the Grantor shall indemnify, defend and hold the District harmless from and against any and all claims arising from the Grantor's use of the real property or from the conduct by the Grantor of any activity, program or thing that may be permitted or suffered by the Grantor in or about the real property, except that neither the Grantor, its Commissioners, agents or employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any 2 negligent or intentional act of the District or any third party not an agent or employee of the Grantor. The Grantor shall also indemnify, defend and hold the District harmless from and against any and all claims arising from any breach or default in the performance of any obligation of the Grantor's part to be performed under the provisions of this Agreement or arising from any negligence, recklessness, intentional acts or omissions of the Grantor or any of its agents, employees or invitees and from any and all costs, attorney fees, expenses and liabilities incurred in the defense of any such claim or action or proceeding brought on any such claim; provided, however, that nothing contained herein waives or is intended to waive any protections that may be applicable to the Grantor under the Governmental Immunity Act, Section 24-10-101 et. seq., C.R.S., or any other rights, protections, immunities, defenses or limitations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution and applicable laws. 6. Unsafe Condition. The District intends to provide a safe environment for the training activities. The District reserves the right to discontinue any or all activities described within this Agreement if the activities cannot be implemented in a safe manner for participants and adjacent property. The Grantor shall be responsible for the demolition, removal, and debris cleanup if the District does not continue with any or all activities proposed in this Agreement. 3 , . . '-. ~ ~ 7.. Page 3 of3 IN WITNESS WHERnvF, the parties have executed this Agreement on the date first written above. COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMISSIONERS BY: ~~ ,Chairman ATIEST: DISTRICT GREATER EAGLE FIRE PROTECTION ATTEST: By: By: Title: J~e' Ch,tf'Ji- 11/512004