HOLD HARMLESS AGREEMENT FOR USE OF CITY OF CLEARWATER FACILITY (2)HOLD HARMLESS AGREEMENT
FOR USE OF CITY OF CLEARWATER FACILITY
THIS HOLD HARMLESS AGREEMENT ("Agreement") is made and entered into on the
25 day of April 2025, by and between the CITY OF CLEARWATER,
hereinafter the "CITY" and Largo Fire Rescue 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
1716 North Belcher Road Clearwater,
FL 33765
It is expressly understood and agreed 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, May 1, 2025 until April 30, 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. HOLD HARMLESS.
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,
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demands, damages, actions, claims for 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 harmless the CITY from any damage or claims
which may result from the acts or omissions of the third party_ The CITY reserves the right
to deny access to any third party in its sole discretion. 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.
7. ASSUMPTION OF THE RISK. Participation in the training and use of the Training Site
contemplated by the Agreement may cavy certain inherent risks or dangers of which a
reasonably prudent person should be aware. To 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 in 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 the Agreement, 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 in an
immediate termination of the use of the Training Site and, in the CITY'S sole discretion,
termination of this Agreement.
[Remainder of Page Left Blank Intentionally]
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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.
[ADD NAME OF USER]
By:
Chad Pittman
Chad Pittman
Printed Name
Fire Chief
Printed Title
CITY OF CLEARWATER, FLORIDA
JennifPoirrier
City Manager
Lead Assistant City Attorney
REVIEWED AND APPROVED:
?oma For
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Attorney