RIGHT OF ENTRY AGREEMENT (2) RIG -AGREENIM
TATS RIGHT OF ENMY AGI` ("Ag=meat") is made and entered into on the
day of 2025, by and between the CITY OF CLEARWA
hereinafter the "ClTr' and SAND THEY CIVIC ASSOCIATION, hereinafter the
"ASSOCIATION"and collectively as the"Parties".
WHEREAS,the CrFY desires to conduct Firefighter training for its fere departmentpersonnel;
WIffiREAS, the ASSOCIATION owns a Facility that is used for training associated with
structural g;and
WBEREAS, 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,THEREFORE,the Parties agree as foRo :
1. RECITALS.The above recitals are true and correct and incorporated herein.
. FACILITY DESCRIPTION.
The Grande on Sand Key
11.811 Gulf Blvd
Cl -ater FL,33767
It is expressly understood anad agreed that the CITY shall have access only to this
portion of the premises when conducting its fire training..
. TERMIUSE OF FACILITY. The Facility may be temporarily occupied andusedby
the CITY to conduct the aforementioned training and ether related activities on the
following agreed upon dates and tunes, t c,.wher 1, -V-"i unid d 0%:w1itn r_ 20� w, The
CITY understands that use of the Facility maybe restricted or interrupted at any bine
to avoid interference with the ASSOCIATION'S ability to conduct normal business
operations,
. CONDITION OF FACILITY. The CITY agrees to maintain the Facility in a clean
and useable condition and will be responsible for all reasonable, necessary and/or
appropriate clean up after each use by the CITY..
S. WAIVER AND RELEASE.
a) To the extent permitted by Section 768,28,Florida Statutes,the CHY does hereby
assume all rides and hazards 'cld.ental 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, and against all
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liability and expense,in connection with any and all claims, demands, damages,
actions,claims for personal injuryproperty damage,or loss of use,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 awaiver of any immunity or limitation of liability the CITY may be entitled to
under the doctrine ofsovereign immunity or Section 768.28,Florida Statates.
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 training held at the
Facility...
6. ASS TION OF THE RISK,Participation in the training and use of the Facility
contemplated by the Agreement may cam, certain inherent risks or dangers which
reasonably prudent person should be aware. To that Ment,the C'IT'Y acknowledges
and agrees and hereby assumes the risks associated vnth the training activities
contemplated herein and the use of said Facility.
7. TERMINATION. This Agreement shall remain in hill fore 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.
S. REGULATION C+Q LIANCE. f wring 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.
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IN WITNESS WBEREOF, the Parties have caed this Agreement to he signed by its
authorized reprftentatives or kens authorized to execute this Agreement on the day and
yew Et€bove Witten.
on Q CMOIQTIMW
ria
By.
Printed Name
Tk s
P'rnteti Tide
CITY OFARWATER,FLO RMA
err `er
City Malwer
1 7(�"
Owen Kohler
Lead Assistant City Attomey
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