HOLD HARMLESS AGREEMENT FOR USE OF CITY OF CLEARWATER FACILITYHOLD HARMLESS AGREEMENT
FOR -USE OF CITY OF CLEARWATER FACILITY
THIS HOLD HARMLESS AGREEMENT ("Agreement") is made and entered into: on the
17th day of March 2025, by and between the CITY OF CLEARWATER, hereinafter the
"CITY" and CITY OF. SAFETY HARBOR, hereinafter the, "USER" and collectively as the
"Parties".
WHEREAS, the USER desires to conduct periodic firefighter training for its fire department
personnel;
WHEREAS, the CITY owns a Training Site that is used for training associated with structural
firefighting; and
WHEREAS, the Parties desire to set forth certain terms and conditions for the use of the
Training Site and provide for certain limitations of liability as provided herein.
NOW, THEREFORE,. the Parties agree as follows:
1. RECITALS. The above recitals are true and. correct and incorporated herein.
2. 'TRAINING SITE DESCRIPTION.
Clearwater Fire & Rescue Training Facility
171.6 North Belcher Road
Clearwater, FL 33765
It is expressly understood and weed that the USER shall have access only to this
portion of the premises when conducting its fire training.
3. TERM/USE OF TRAINING SITE. The Training Site and fixtures may be temporarily
occupied and used by the USER. to conduct the aforementioned training and other
related activities on the following agreed upon dates and times, March 15, 2025, until
March 31, 2026. The USER understands that use of the Training Site maybe restricted
or interrupted, at any time to avoid interference with. the CITY'S ability to conduct
normal business operations,
4. CONDITION OF TRAINING SITE. The USER agrees to maintain the Training Site
in a clean and useable condition and will, be responsible for all reasonable, necessary
and/or appropriate clean up after each use by the USER.
—5.. OLi7RMtESS.
a) To the extent permitted by Section 768.28, Florida Statutes, the USER does hereby
assume all risks and hazards incidental to use and occupation of the Training Site
and participation in activities and use of facilities, of the CITY and does, hereby
agree to. waive,. release, and hold harmless the CITY officers, employees, and
agents, of, from and against. all. liability and expense,. in connection with any and
all claims, demands„. damages, actions, claimsfor personal injury, property
damage, or loss of use, arising directly or indirectly out of or in connection with
any negligent or deliberate act or omission of the USER Nothing contained in the
foregoing. shall be construed to be .a waiver of any immunity or limitation of
liability the Parties may be: entitled to under the doctrine of sovereign immunity
or Section 768.28, Florida Statutes.
b) The USER agrees to repair or replace any damage to .any real or personal property
of the CITY caused by the actions or omissions of the USER, its officers, officials
employees, agents, and participants in the training held at the Training Site.
6. THIRD PARTIES. The USER agrees to hold harmlessthe CITY .from any damage. or
claims which may result from .the acts or omissions of the third party. The CITY
reserves theright. to.deny access to -any third party hi its sole discretion.
7. ASSUMPTION OF THE RISK. Participation in the training and use of the. Training
Site contemplated by the. Agreement may carry certain inherent risks or. dangers of
which a reasonably prudent person should be aware. la that extent, the USER.
acknowledges and agrees and-. hereby assumes the risks associated with the training
activities contemplated herein and the, use of said Training Site:
.8. TERMINATION.. This. Agreement shall remain hi full force and effect. until
terminated .by any party hereto. This Agreement may be terminated immediately,..
without cause by .a party hereto upon giving written.notice thereof to the other party.
9.. REGULATION COMPLIANCE. During the performance of theAgreernent, the USER
agrees. to abide by any and all administrative, operational, and safety rules. and
regulations established. by Fire Department SOPs during the use and occupation of the
Training Site by the USER Any breach of any rule or regulation established by the CITY
shall result man immediate termination of the use of the Training Site and, in the CITY'S
sole discretion, termination of this Agreement.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by its
authorized representatives or persons authorized to execute this Agreement on the day and
year first above written.
Printed Name
Mayor
Pitted Title
/ J ,AtteIt:
Approved as to form:
CITY OF CLEARWATER, FLORIDA
Je er in-ier
City Manager
Owen Kohler
Lead Assistant City Attorney
Nicole JproffG