Agenda - 11-02-2017 - 8-e - Use Agreement between Orange County and the Eno Volunteer Fire Department

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5 a. If a determination of who caused the damage cannot be readily ascertained by the station crew, the Fire Department Chief and Emergency Services Director will meet to reach an amicable decision. 4. Improvements. No substantial alteration, addition or improvement to the premises shall be made by the County without the written consent of the Fire Department. 5. County's Obligation to Comply with Applicable Laws and Requirements of Insurance Policies. The County shall throughout the term of this Agreement, at its sole expense, promptly comply with all laws and regulations of all federal, state and municipal which may be applicable to the property. The County shall comply with the requirements of all Fire Department's policies of public liability, fire and all other types of insurance at any time in force with respect to the building and other improvements on the property. 6. Fire Department Policies. The ES crew will maintain a clean and sanitary work and meal area environment. County agrees that ES personnel shall comply with all applicable Fire Department policies and facility rules while at the Eno Fire Station #2. ES personnel shall comply with any County use policies that are stricter than the Fire Department rules. 7. Condition of Premises. The County shall, during the term of this Agreement and any renewal or extension hereof, shall keep the part of the facility they are allocated clean and in a manner in the good order and repair in which such property now is, ordinary wear and tear excepted, and shall remove all its property therefrom so that fire Department can repossess the property no later than noon on the day upon which this Agreement ends. 8. Right of Entry. The County use of the premises is not exclusive, the Fire Department or its agent shall have the right to enter any part of the facility the County is allocated at reasonable times in order to examine it, or to make such decorations, repairs, alterations, improvements or additions as Fire Department deems necessary or desirable. If the County or its employees shall not be personally present to permit entry at any time when an entry therein shall be immediately necessary, as herein provided, Fire Department may enter the premises by such means as may be appropriate, including forcible entry, without rendering Fire Department or such agents liable therefore (if during such entry the Fire Department or his agents shall accord reasonable care to the County's property), and without in any manner affecting the obligations and covenants of this Agreement. 9. Hold Harmless from Liability. Neither Fire Department nor the County shall be liable to the other for any property damage sustained by the other, personal injury to the other or to its officers, agents and employees, or to any other occupant of any part of the property, irrespective of how such injury or damage may be caused, whether from action of the elements or acts of negligence of the occupants of adjacent properties, or any other persons; provided that nothing contained herein shall relieve the either Fire Department or the County of the consequences of its own negligence to the extent provided by law. 10. Amendments. Any amendments or revisions to this Agreement must be approved in writing by the Parties and attached to this Agreement. Orange County-Eno Volunteer Fire Department Substation Agreement Page 3 of 6