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St. Pete Pier
USE AGREEMENT
600 2
ND
Avenue NE
St. Petersburg, FL 33701
THI
S AGREEMENT ("Agreement") executed as of the day of DATE by and between the City of St.
Petersburg, Florida (“City”) and COMPANY NAME ("User"), whose contact person is NAME whose address is
ADDRESS and whose telephone number is PHONE NUMBER.
WHER
EAS, this Agreement sets forth the respective duties, responsibilities and obligations of the User with
respect to the use of the Premises (defined below).
NOW,
THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, the City and
the User hereby agree as follows:
1.
The City grants the User the temporary right to use that portion of the Municipal Pier District as defined in section 1-
2 of the St. Petersburg City Code, delineated in Appendix A (hereinafter the “Premises”) on those dates and during
those times set forth in Appendix B, subject to the terms and conditions of this Agreement. The Premises shall
include reasonable ingress, egress and approaches thereof and thereto.
2.
The User shall use the Premises only for those purposes and permitted uses set forth in Appendix B.
3.
The User shall pay the City the sum(s) set forth in Appendix B for the use of the Premises. User is not permitted to use
the Premises if User does not timely pay the City the sum(s) set forth in Appendix B.
4.
The User has inspected the Premises and accepts the Premises in its present “AS IS” and “WHERE IS” condition.
The City has made no representations, statements, or warranties, either express or implied, as to the condition of
the Premises or as to its fitness for any particular use.
5.
In consideration for the use of the Premises, the User voluntarily assumes all risk of accident, injury, and damage to
persons and property and hereby releases and forever discharges the City and its officers, employees, agents,
elected and appointed officials, and volunteers (collectively referred to as the, “Indemnified Parties”) from and
against any and all claims, demands, liens, liabilities, penalties, fines, fees, judgments, losses and damages of any
kind (hereinafter referred to as “Claims”). Further, the User shall defend at its expense, pay on behalf of, hold
harmless and indemnify the Indemnified Parties from and against any and all Claims, whether or not a lawsuit is
filed, including but not limited to Claims for damage to property or bodily or personal injuries, including death at any
time resulting therefrom, sustained by any persons or entities, and costs, expenses, and attorneys' and experts'
fees at trial and on appeal, which Claims are alleged to have arisen out of or in connection with, in whole or in part,
the User's use of the Premises or a breach of this Agreement, notwithstanding that such Claims were caused by or
alleged to have been caused by, in whole or in part, the sole, contributory or gross negligence of the Indemnified
Parties, or otherwise, or whether arising out of any defect, or presence or absence of any condition in or on the
Premises or any other City property, premises, or right of way.
6.
The User shall provide an insurance certificate with limits as outlined in Appendix C.
7.
The City reserves the right to terminate this Agreement at any time for any or no reason upon five (5) days prior
written notice to the User. In the event the City exercises the right retained by it hereunder, it shall refund, or, as the
case may be, release the User from liability for payment of an amount bearing the same proportion to the total
payment provided hereof as the period in which the Premises are in fact not utilized bears to the total duration of
this Agreement. Should the City exercise said right to terminate this Agreement, the User agrees to forego any and
all Claims for damages against the Indemnified Parties and further agrees to waive any and all rights which might
arise by reason of the terms of this Agreement; the User shall have no recourse of any kind against any of the
Indemnified Parties. In no event will the City be liable in the event the City exercises its right to terminate this
Agreement.
8.
The City reserves the right to suspend the rights granted hereunder, effective immediately, by giving verbal notice
(followed by written notice within a reasonable time) if a state of emergency has been declared by the federal,
state, or local government, and the Mayor (as defined in St. Petersburg City Code section 2-425) determines that
suspension is necessary to protect the public health, safety, or welfare. The suspension will remain in effect until
the City provides verbal notice (followed by written notice within a reasonable time) that the suspension has been
lifted. The User hereby releases any and all Claims for damages against the Indemnified Parties related to the
suspension and further agrees to waive any and all rights which might arise by reason of the suspension; the User
shall have no recourse of any kind against any of the Indemnified Parties.
EXHIBIT B