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HOLD HARMLESS AGREEMENT FOR USE OF CITY OF CLEARWATER FACILITY (2)$OLD HARMLESS AGREEMENT FOR USE OF CITY OF CLEARWATER FACILITY THIS HOLD HARMLESS AGREEMENT ("Agreement") is made and entered into on the day of } 5 20 b and between the CITY OF CLEARWATER, hereinafter the "CITY" , �� reinafter 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 trainin_ and other related activities on the following agreed upon dates and times, 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 1 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. LORIDA James E. O'Reilly City Manager CITY OF CLEARWATER, FLORIDA Jennifer P'rrier City Manager n Kohler Lead Assistant City Attorney 3