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1149-Siemens Facility-Police TrainingM EMORANDUM Stenstrom, McIntosh, Colbert Whigham & Pardow, P.A. 1oo1 Heathrow Par Lane, Suite 4001 Lake Mar Fforiaa 3 (407) 322 -2171 To: Brian Tooley, Police Chief (via hand delivery) From: Kenneth W. McIntosh, Assistant City Attorn Date: January 15, 2007 Re: Siemens Facility / Hold Harmless and Indemnification Agreement xc: Sherman Yehl, City Manager (via hand delivery) William L. Colbert, City Attorney Pending implementation of the City's Indemnification Policy, I suggest use of the attached Hold Harmless Agreement so as to avoid delay. The Indemnification Policy final draft is being completed as I communicate All of the best. 1-11 A X , ,�►�1 1:\Danielle \KWMc \Cities \SANFORD\Letters and Memos \Memo to B Tooley re Siemens Hold Harmless.wpd HOLD HARMLESS AND INDEMNIFICATION AGREEMENT In consideration forthe use of your facility located at 400 Rinehart Road, Lake Mary, Florida 32746 to conduct Sanford Police Training activities involving only employees of the City of Sanford Police Department, the City of Sanford agrees to the following terms: (a) The City of Sanford assumes all risk of personal injury or death, and property damage that may arise from our presence at your facility. (b) The City of Sanford agrees to hold harmless and indemnify the property owner(s) of 400 Rinehart Road and their representatives from any and all liability, damages, expenses, fees, fines, penalties, suits, proceedings, and actions to include attorney's fees arising from or connected in any way to the City of Sanford Employee participation in police training activities at said location in accordance with the established Indemnification Policy of the City of Sanford which is consistent with Section 2.01, Florida Statutes and Section 768.28, Florida Statutes. (c) The City of Sanford also agrees that the property owner may terminate privileges to continue use of the facility at any time upon five (5) days advance written notice. (d) The City of Sanford shall provide the owner and its designee a Certificate of Insurance meeting the indemnification /hold harmless needs of the .4 1 Robert Yehl, y Manager Brian Tooley, Police Chi' Attest: Rinehart Development & Investment Group, LLC 2001 East Lake Mary Blvd. Sanford, FL 32773 Tel: (407) 302 -2101 Facsimile: (407) 302 -2115 February 7, 2007 Lieutenant. Michael T. Horan Support Services Division Sanford Police Department 815 South French Avenue Sanford, FL 32771 Dear Lieutenant Michael, Re: Use of Siemens Property for Sanford Police Department Training 400 Rinehart Road, Lake Mary, FL 32746 - Old Siemens property This letter authorizes the Sanford Police Department entry into the warehouse at 400 Rinehart Road for the purpose of conducting the Department's training programme. Please be advised that we have other Police Departments who use the property also and as such, we will require a schedule of your training sessions to be held at the property as well as the timings. Please note that we can only accommodate the training during regular business hours, however, you may use the parking lot after business hours if you so desire. Whilst we are willing to have the Sanford Police Department use this building for training purposes, please note that we reserve the right to cancel this agreement at any time at our sole and absolute discretion. Should you require any further assistance, please do not hesitate to give me a call. Yours truly, For and on behalf of Rinehart Development & Investment Group, LLC Zuhair A. Ebrahim Manager