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HomeMy WebLinkAboutHOA - Right of Entry/Hold Harmless and Indemnification Agreement - TemplateRIGHT OF ENTRY/HOLD HARMLESS AND INDEMNIFICATION AGREEMENT/HOMEOWNER'S ASSOCIATION The Homeowner's Association (hereinafter referred to as "Association"), a subdivision located at the intersection of , in the City of Winter Springs, County of Seminole, State of Florida, does hereby grant and give freely and without coercion, the right of access and entry to the City of Winter Springs, its agencies, contractors, and subcontractors, for the purpose of removing and clearing any or all storm - generated debris of whatever nature from the rights -of -way and/or utility easements of the above described subdivision. The undersigned, as duly appointed President of the Association, hereby certifies that I have the authority and power to execute this Hold Harmless and Indemnification Agreement on behalf of the Association. It is fully understood that under this Agreement the City of Winter Springs assumes responsibility during and following any period of a Declared State of Local Emergency to enter onto roadways in private or gated communities for collection and removal of storm -generated debris located in the rights -of -way and/or utility easements when it is determined on a case -by -case basis by the Director of Emergency Management that the removal of such debris from private property may be in the public interest when it is required to eliminate or lessen an immediate threat to life, public health and safety, to reduce a threat of additional damage to improved property, or to promote economic recovery of the community at large. The Association agrees and warrants to hold harmless and indemnify the City of Winter Springs, Seminole County, the State of Florida, and the United States, including their agencies, contractors, and subcontractors, for damage of any type whatsoever either to the rights -of -way and/or utility easements of the above described subdivision or persons situated thereon and hereby release, discharge, and waive any action, either legal or equitable, from liability associated with or arising out of entry onto private roadways and/or utility easements of the above -described subdivision and the collection and removal of storm -generated debris. The Homeowner's Association will mark any storm damaged sewer lines, water lines, and other utility lines located in the above -described subdivision. The Association [ has, has not ] [ will, will not ] receive(d) any compensation for debris removal from any other source, including the Small Business Association (SBA), Agricultural Stabilization and Conservation Service (ASCS), private insurance, individual and family grant program or any other public assistance program. The Association will report for this subdivision any insurance settlements for debris removal that have been performed at government expense. For the considerations and purposes set forth herein, I set my hand this day of , year 2019. Witness Print: Homeowner's Association Sign: Print: Title: HOA President or Authorized Representative Telephone: Address: Email: