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RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AG ENU "'Agreement") is made and entered into on the _ day of 20')5, by and bet een the CITY O CL �1�1A"IWRCtx hereinafter- the "CITY" and SAND KEY CIVIC ASSOCIATION, hereinafter the "ASSOCIATION"and collectively as the"Parties". WHEREAS,the.CITY desires to conduct firelighter training for its fire department personnel; WHEREAS, the ASSOCIATION owns a Facility that is used for training associated with structural refighting; and ERFAS, the Parties desire to set forth certain terms and conditions for the use of the Facility and provide for certain limitations of liability as provided herein, NOW, Tf IES EFORT , the Parties agree as follows.- 1. ollo xs.- 1. RECITALS.The above recitals are true and correct and incorporated herein. 2. FACILITY DESCRIPTION. The Harborage 240 Sand.Key Estates Drive Clearwater FL,33767 It is expressly understood and agreed that the CITY shall have access only to this portion of the premises when conducting its fire training. . TERWUSE OF FACILITY. The Facility may be temporarily occupied and used by the CITY to conduct the aforementioned trairnin 3 and other related a i the following agreed upon dates and tunes, {ties hcr-•I. 'e"' moi I (),,tlwk,f ;,'026, The CITY understands that use of the facility may be restricted or interrupted at any time to avoid interference with the ASSOCIATION'S ability to conduct normal business operations. i I"°ITtJ-N-D-F-T�°ACM'TTY -ITfc-- iigrees to ma ntartf th acs ty a`6Ie�afi and useable condition and will be responsible for all reasonable, necessary anchor appropriate clean up after each use by the CITY. S. WAIVER AND RE-LEASE. a) To the extent permitted.by Section 768.28,Florida Statutes,the;CITY does thereby assurnne all risks and hazards incidental to use and occupation of the Facility and participation in activities and does hereby agree to waive and release the ASSOCIATION,N, its officers, employees, and agents, of, from and against all 1 'liability and expense, in cohnection with any and all claims, demands,damages, actions,claims far persona) injury,property damage,or loss ofusearising dimetly or, indirectly out of or in connection with any -negligent or, deliberate -act or omission,of the CITY- Nothing containedin the foregoin$:shall be construed to be a waiver of any immunity,or limitation of liability the CITY.may be'entitied to under the doctrine of sovereign immunity or Section 768-28,Florida Statutes. b) The C-ITY agmen to tep;fir or replace any damage to any real or personal-property of the ASSOCIATION caused by the actions or omissions of the CITY, its officers, ofrioials, ernploy 0_6s,­agents, and participantsin the training held at the Facility. 6. ASSUMPTION OF THF-RISK. Participation in-the training and use of the Facility contemplated by the Agreement may carry certain inberent risks or dangers Which a reasonably prudent person should beaware. To that extent, the CITY'acknowledges and agrees and hereby assumes the risks -associated with the 'training activities contemplated herein and the use of said Facility. '7., TERMINATION. Thi,s Agreement, sball iemain in fall force and effect until terminated by any party hereto. This Agreement may be terminated immediately, without cause by 6 party-hereto upon n giving 'written notice thereof to the.other party. 8. R, FGULAT.10-N COWLIANCE. Duringthe pQrformance of the,Agreement,the CITY agrees to abide by alladministrative, operational, and safety-rales; and reguhtions established,by Fire Department SOPS during,the use and occupation of the Facility by the CITY. [Remainder of Page Left Blank Intentionally] .......------ 2 IN WITNESS WrHF.RF-OF, 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. SAND KEY CIVIC ASSOCIATION PARTNER �,�-09 ---. By: M:Zy r�,",,Di Ae o :)c t 3,202. 10 C,ED T Maryanne DiMeo Printed Name President Printed Title CITY OF CLEARWATEP,FLORIDA Jennifer Poirrier City Manager App"as to fql6n: moven Kohler Lead Assistant City Attorney R1=12E EMMAGREEKEDU TMS RIGHT OF ENIRY AGREEMENT C Agreement") is made and entered into on the day of 2025, by and between the CITY OF hereinafter the "CITY" and SAND KEY CNIC ASSOCIATION, hereinafter the "ASSOCIATION"and collectively as the"Parties". WEEREAS,the CITY desires to conduct firefighter training for its fire department el WBEREAS, the ASSOCIATION owns a Facility that is used for training associated with s firefighting;and VMEREAS,the Parties desire to set forth certain terins and conditions for the use of the Facility and provide for certain limitations of liability as provided herein. NOW,THEREFORE,the Parties agree as follows: . RECITALS.The above recitals are true and correct and incorporated herein. 2. FACILITY'DESCRIP`ITON. LAA ar Two 1540 G lfElvd Clearwater FL,33767 It is expressly understood and agreed that the CITY shalt have access only to this portion of the premises when conducting its fire tmining. 3. TERWUSE OF FACILITY. The Facility may be temporarily occupied and used by the CI?`Y to conduct the aforementioned training and other related activities an the following geed upon dates and tines, October 1 2025 until October 1,2026. The CITY understands that:use of the Facility may be restricted or interrupted at any tune to avoid interference with the ASSOCIATION'S ability to conduct normal business operations. ._ ---- Old O FACIL . . The CrlY- --agr=to maintain and useable condition and will be responsible for all reasonable, necessary and/or appropriate cleaa up after each use by tate CITY. 5. WAIVER AND RELEASE.. a) To the extentperxnitted by Section 755.28,Florida Statutes,the CITY does hereby assume all ribs and hazards incidental to use and occupation of the Facility and participation in activities and does hereby agree to waive and release the ASSOCIATION, its officers, employees, and agents, of from and against all. I h liability and expense,in connection with any and all claims,demands,damages, actions,claims for personal injury,property damage,or loss of e,arising directly or indirectly out of or in connection with any negligent or deliberate act or omission of the CITY. Nothing contained in the foregoing shall be construed to be a waiver of any immunity or limitation of liability the CITY may be entitled to sunder the doctrine of sovereign immunity or Section 768.28,FloridaStatutes. b) The CITY agrees to repair or replace any damage to any real or personal property of the ASSOCIATION caused by the actions or omissions of the CITY, its officers, officials, employees, agents, and participants in the traiaing held at the Facility. & ASSUMPTTON OF THE RISK. Participation its the training and use of the FaciHty contemplated by the Agreement may carry certain inherent nsks or dangers which a reasonably prudent person should be aware. To that witent,the CITY acknowledges and agrees and hereby assumes the risks associated with the training activities contemplated herein and the use of said Facility- 7. i ityy_7. TBRMNATION. This Agmement shall remain in full force and cfkct 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 otherparty. 8. REGULATION CONTILIANCE. During the performance ofthe Agreement,the CITY agrees to abide by all administrative, operational, and safety rules and regulations established by Fire Department SOPS during the use and occupation of the Facility by the CITY. ofPage Leff Blank hamitionally] 2 IN S WHEREOF, the Parties have caused this Agreement to be signed' byits- authorized representatives or perste Authored to execute this Agreement cab the day and year first above ve wntt z, SAND KEY CMC ASSOCIATION PARTNER • .Pfinted Name P d Title crry-OF CL ARWATVR,FLORIDA n c �� er A'ipf&e4 as to-f . wen oKd Lead-Assistant Git Attorney 3. Hi EUMT THIS JUGHT M Y AGREEMENT ("Agreenit") i�ma t") and cntcared hitt on the " day. . r� _ '..,. x r c t u n the CITY T -OF 'F*WATER, herei a4er the "OT " and ANT]. KPW CIVIC, ASSOCIATION. hereinafter the- ;'ASSOCIATION- he.`'A OCIATION-and c lledtively as the,"Tartries". WTIEREAS, e. ITY desires to.conduct r re ighter training for its fire dipartxaent personnel,. WHEREAS. the AS&OqATION owns :facility that is used for training,associated with structural,refighting',and the Parties�desir .to set:forth: terns and ecracliticns bac use of the Fertility ancl-Provide f`tr. ertam'.limi tio�;a liabilir y-as herein. rc��i OW,THERE O,-the Parties agroe as.Nlo I. R810IT L .The above recitals are tme-and.carr ;t and incorporated herein, Ulthnar Gne 1,520 Wf Blvd Clearwater F.,53767. It is expresslyunderstood and agreed that the G Y shall have access artily to this portion ca f tl e pt eines when conducting fire traxnmg . TERMfUSE OF FACTLGI`IY.' "he Facility lit. may he to upor ril occupied ltd used the CIT' ' to On4tict the afcrementi tined ninon. and other related aetivities on the fcrlla� re rpea dates arCad#itras, k _92 `T nrttands that use afhe alb try he= cstrrited hr irtcrrcrfated at any time tcr_:avaid ititeterehcevi€th the CIATI+C1 ' '. bzli to con busies operations, C I TY ares to maibtafti thpacilitym ac eats__._..._. and useable condition and 41he rerspensi le fear.all°reasonable, nec6sa' and/ipr appropriate clew up, aftcr each useIan tie CITE: 51. WAIVER AMRELEASTL a)- Ta ry the.ektent.pern'aztted by$ecdon`768.'2 ,Florida tafut�s,the MY does,hereby. e.4I risks and.l�xa rds inciil ntal to use:and saccirpation of the Facillity atd partici iatibri in activities: and does �e by agreeto waive and release to AbgjAn N, its of tears, ent loyc , and.sgents, cafe from, and a mast, all l.. liability and.expense, in connection w tla any—and all clam,demands,images, acdo-ns c Aim;,i-r rrpet'soa iny',Pry' '�'Ua es or lbssbfusbagdirddly br ndh ectly but:col:" or in cbnn6tion With any negligent or deliberate act or omission ofthe,017Y. Notiiing contained-in the&regoing.shall be construed to be a riaiNTer of any it urzt gal y car. li titaaticin o lia'bili Y the CITY may be entitled.to �44deer tlhe doctrine.of so c eign immui ty or Sectibn.768.28,Florida Statutes. l �e agrees to repa r,or re It ce a da a e o-a y real or.personai propetty car tl c.,ASSOCIA TO caused by the actions or o issidns of the CIT , its officers, bffieims, e pl yees. a. ent�, mi:d art cc �r�t In the traiiazn� hell at the Facility.. 6 ASSMPTOOJSIS aicipaton ,the training of the Hi y.I - oonteinplatedbytfie Agrecr a.en n, -- carr, certain�€x li.eretat risks Jor dangers hick a rea vnably prudent er vn slit a d be aware, To that e9tent,-the + 5'.l"Y 4q�mo r . . and: agrees- and hereby, assumethe risks associated. with the training activities cortemplr►ted,,hereinand th,e r .of said'. aid lYacili ; 7. 'E.RMC 'NFIO . T , Agrernenl. shWJ remayn in. Intl force and effect until terminated per'- hereto. This.,Agreement may be terniin test �xirnediatelY itha t use`b, a 0 hereto r pon.givirr vet n.txotiee tl creof to the othearp y. 11 RECj' lLAIr : CONPLIANCE, Dunn th :perb ance,of eei qnt, the C1T" -agrees to abide by all administrative operational, ajid safety, rules acid regulations.: tal:il shred-by:Fite Dep ent S-OPs dni in fti e a d occctpatlon#f the P0cility':by- �e'CITYr Reeder cPa, e Le lwik lAtentionaily] 2 IN WITNESS WWOF', the—Partiesm have cawed this Agreement to be signed .by %A'Uthprized representatives ar persons auth. 7c:d to execute this A,gteeme tt on the,day- d yer first above w-rttoh. SANDY CSC A.sSS' : ' TON PARTNER Printed' a'mc Printe Tide CHY OY.CLEARWA` ER,FLORIDA et 6' r art Manager A e ; s to former: Owl. er .