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N-2016-017 RELEASE AND TERMS OF USE AGREEMENT 13ETNVEEN CALIFORNIA HIGHWAY PATROL AND CITY OF SANTA ANA FOR USE OF THE K-9 TRAINING FACILITY This Release and Terms of Use is entered into by the City of Santa Ana ("City") and the California Highway Patrol("CHP"). CHP has requested the use of the City's K-9 training facility located at Santiago Park in Santa Ana, California, which is owned by the City (hereinafter "the Premises"), for purposes of conducting periodic training and demonstrations for CHP personnel and other law enforcement agencies' personnel invited to the event by CHP. The City agrees to allow CHP use of the Premises for the sole purpose of conducting training and demonstrations on dates mutually agreed upon between the parties in advance. CHP acknowledges that the training and demonstrations are in no way associated with the City and/or the Santa Ana Police Department ("SAPD"), that all equipment and property used during this training and demonstrations is the property of the CHP, and that no City or SAPD personnel will participate in any manner in the training or demonstrations unless mutually agreed upon in advance. CHP agrees to leave the Premises in the same condition that it was received and to remove all equipment, trash, barricades, and other items used during the training and/or demonstrations. This agreement will remain in effect until terminated. Either party can terminate the agreement with five (5) days written notice to the other party. To the extent permissible by law, the CHP agrees to release and discharge the City and SAPD, its personnel, agents, and employees, from any and all claims, demands, damages, rights of action, or cause of action, present or future, whether the same be known, anticipated, or unanticipated, resulting from or arising out of the CHP use of the Premises to conduct the training and demonstrations. To the extent permitted by law, the CHP further agrees to indemnify and hold harmless the City and SAPD from any claim for personal injury or ;property damage which may occur directly or indirectly as a result of the acts or omissions of its employees during and in connection with the training and demonstrations at the Premises. ATTEST: -� l NI_ARIA HtUA Clerk of the Council CITY OF SANTA ANA DAVID CAVAZOS City Manager APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SOMA R. C �ARVALHO City Attorney By: Aaxot)� aAl Laura A. Rossini, Senior Assistant City Attorney CARL,OS ROJAS, Chief of Police [Signatures continued on next page]