INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES ON THE VACANT HABITAT FOR HUMANITY PROPERTY
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this April 29th, 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 Habitat for Humanity property located at 1858 through 1890 Betty Lane, Clearwater, Florida.
Whereas, the Clearwater Fire Department desires to engage in training exercises on the
vacant Habitat for Humanity property located at 1858 through 1890 Betty Lane, Clearwater, Florida
during May 1st to May 25th, 2008;
Whereas, Habitat for Humanity desire(s) an Indemnification Agreement to ensure that
Habitat for Humanity, the owner(s) of the property located at 1858 through 1890 Betty Lane,
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 Habitat for Humanity, 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 Habitat for Humanity, 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 1858 through 1890 Betty Lane, 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 Habitat for Humanity, including the officers, agents, and employees of the property
owner(s).
Notwithstanding Habitat's agreement to be liable for claims, losses, damage, cost, expense or
attorneys fees attributable to an error, omission or negligent act on the part of Habitat for Humanity,
Habitat for Humanity will not provide indemnification to the City of Clearwater relating to any
condition of the buildings or the land located at 1858 through 1890 Betty Lane, Clearwater, Florida.
The City of Clearwater's training exercises relate to the buildings and land about which Habitat for
Humanity makes no representations as to their condition and therefore the City of Clearwater, its
officers, agents and employees assume the risk of engaging in the training exercises on said property.
Nothing herein, however, shall be construed to waive or modify the provisions of Section 768.28,
Florida Statutes or the doctrine of sovereign immunity.
CITYOF~~ATER, FLORIDA
By: ~#~~ J.L
William B. Horne II
City Manager
RS/db
A proved as to:1
Robert J urette
Assistant ity Attorney