RIGHT OF ENTRY AGREEMENT (3) HIJiBIDLE-N-T-BY-ACIRE ',MEN '
THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into on the
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day of ')025, by and between the CITY OF CLEARWATER,
hereinafter the "CITY" and SAND KEY CIVIC ASSOCIATION, hereinafter the
"ASSOCIATION" and collectively as the"Parties".
WHEREAS,the CITY desires to conduct firefighter training for its fire department personnel;
WHEREAS, the ASSOCIATION owns a Facility 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
Facility 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. FACILITY DESCRIPTION.
The Harborage 11 Condominium Assn, Inc.
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,
3. TERM/USE OF FACILITY. The Facility may be temporarily occupied and used by
the CITY to conduct the aforementioned training and other related activities on the
following agreed upon dates and times, October le 2025 Until October 1, 2 02 6. The
CITY understands that use of the Facility maybe restricted or interrupted at any time
to avoid interference with the ASSOCIATION'S ability to conduct normal business
operations.
4. cuNDrrION OF FACILITY. Th CITY agrees—'f(offi—aiinit—ain the-TIa-6 1 Wii n-a-—cl can
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 CITY does hereby
assume 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, its officers, employees, and agents, of, from and against all
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liability and exp etrse, in tonnectidn with any all claims, demands, da�rrages,
actions,c aims for personal injury,property damage,or.loss ofuse,.arising directly
or indirectly out of or in connection with any negligent or deliberate :act €r
o nission.of the CITY, Nothing..contained in tete,foregoing shall be.construed to
be a waiver,of any, immunity or limitation of liability the.CITY may be entitled to
tinder the doctrine of sovereign imrAunity or Section 768.28,Florida Statutes.
b The CITY agrees to repair or replace any damage to any real or personal property
of the A OC ;I }N caused by the actions or omissions of the CITY,_ its
dfl'icers,.officials, employees, agents, and participants in the training held at the
Facility.
6. ASSUMPTION OF TIE RISK. Participation in the training and use of the Facility
contemplated by the.Agreement may carry certain inherent risks`or dangers which.a
reasonably prudent person should be aware. 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. This Agreement shall remain in Miall force and effect until
terminated by any party .hereto. 'I"lris Agreement may be terminated immediately,
with-out cause by a party hereto upon giving written notice thereof to the-other-party.
. REGULATION COMPLIANCE, During thePerformanee of the Agreement, tare CITE'"
agrees to abide by all administrative, ,operational.; and saf0ty reales and regulations
established by Five Department SOPS during the use and occupation of the Facility by
the CITY.
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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,
SAND KEY CIVIC ASSOCIATION PARTNER
By:
Maryanne DiMeo
Printed Name
President
Printed Title
C TY OF CLE,' WATER,FLORIDA
Jen ifer Po r
City Manager
Ap*�e'4 as to P�P:
(Jen Kohler
Lead Assistant City Attorney
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