INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISE AT 1895 N HIGHLAND AVE
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this March 11th, 2008, by the City of Clearwater is to
clarify the City of Clearwater's liability during the Clearwater Fire & Rescue Department's
training exercises on the McGeehan Construction property located at 1895 N. Hiohland Ave,
Clearwater, Florida.
Whereas, the Clearwater Fire & Rescue Department desires to engage in training
exercises on the vacant CVS pro~erty located at 1895 N. Hiahland Ave, Clearwater, Florida
during March 17th throuoh April 4 h 2008;
Whereas, McGeehan Construction desire(s) an Indemnification Agreement to ensure
that McGeehan Construction, the owner(s) of the property located at 1895 N. Hiohland Ave,
Clearwater, Florida, is/are protected from any claims arising out of the actions of the City of
Clearwater or its employees during the training exercises, which are not attributable to any
error, omission, or negligent act by McGeehan Construction, including the officers, agents,
and employees of the property owner(s);
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless and indemnify McGeehan Construction, including
all of the officers, agents, and employees of the owner(s), from any claim, loss, damage, cost,
or expense, including attorney's fees and any costs incurred in enforcing this Indemnity
Agreement, arising out of any act, error, omission, or negligent act by the City of Clearwater
or its agents or employees, during the performance of training exercises by the Clearwater
Fire & Rescue Department at the property located at 1895 N. Hiohland Ave, Clearwater,
Florida, except that neither the City of Clearwater nor its agents or employees shall be liable
for any claim, loss, damage, cost, expense, or attorney's fees arising out of the training
exercises that are attributable to any error, omission, or negligent act by McGeehan
Construction, including the officers, agents, and employees of the property owner(s). Nothing
herein shall be construed to waive or modify the provisions of Section 768.28, Florida
Statutes or the doctrine of sovereign immunity.
CITY OF CLEARWATER, FLORIDA
By: ~~~. ~JI.
William B. Horne II
City Manager
RS/db