Resolutions-2024-052

RESOLUTION NO. 2024- 052 A RESOLUTION APPROVING THE RELEASE AND LICENSE AGREEMENT FOR THE IOWA CITY FIRE DEPARTMENT TRAINING TOWER FACILITY This Release and License Agreement for the Iowa City Fire Department ( hereinafter, ICFD") Training Tower Facility ( hereinafter, the " Agreement")is between the City of Iowa City ( hereinafter, the " City")and City of Tiffin Fire Department ( hereinafter, the Licensee") together, the " Parties".) Recitals Whereas, the Iowa City Fire Department (" ICFD"), a City entity, maintains a Training Tower facility, located at 3892 Napoleon Lane, Iowa City, IA ( hereinafter, the " Licensed Area"),for its use in training its firefighters; and Whereas, the Licensee wishes to use the Licensed Area for its use in training its students and staff ( hereinafter, the " Event"); and Whereas, collaboration and cooperation between the City and the Licensee is long- standing and mutual; and Whereas, the City has the capacity to assist the Licensee by allowing access to the Licensed Area; and Whereas, the City does not seek compensation for the Licensee' s use of the Licensed Area, and the Licensee appreciates that the Licensed Area is borrowed on an " as is" basis, and at Licensee' s own risk; and Whereas, the Parties wish to enter into this Agreement to memorialize their mutual understanding. Agreement Incorporating the above Recitals, and for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: 1. Revocable License and Term. The City grants to Licensee a revocable license to access and use the Licensed Area for the purpose of conducting the training of Licensee' s students, members, staff, employees, agents, and volunteers during the Term on dates agreed upon by the Parties ( hereinafter, the " License"). The term of this Agreement will commence on the Effective Date and continue on until terminated pursuant to this Agreement ( hereinafter, the " Term"). Licensee may not access or use the Licensed Area until the date and start time of the Event as agreed to in writing between the Parties. Licensee may not access or use the Licensed Area for any purpose other than the conducting of the Event, and Licensee will comply with all directions and rules of the City with respect to Licensee' s use of the Licensed Area of which Licensee has been made aware of by the City. Licensee may use the Licensed Area for more than one Event, but must secure written permission from the City for each such Event. 2. Licensee Obligations. Licensee agrees to use reasonable care in its use and enjoyment of the Licensed Area and to surrender the same upon the expiration or earlier termination of this Agreement to the City. Licensee must arrange for an ICFD 1