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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 430 SOUTH GULFVIEW BOULEVARD CITY OF CLEARWATER POST OFFICE Box 4748, CLFARWATER, FLORIDA 33758-4748 TELEPHONE (727) 562-4334 FIRE & RESCUE INDEMNIFICATION AGREEMENT This Agreement rnade and entered into this 24nd day of August, 2005, by the City of Clearwater is to clarify the City of Clearwater's liability during the Clearwater Fire Department's training exercises on the D.H. Griffin Wreckinq Co.. Inc. property located at 430 South Gulfview Boulevard. Clearwater, Florida. 'vVhereas, the Clearwater Fire Department desires to engage in training exercises on the vacant D.H. Griffin Wreckinq Co.. Inc. property located at 430 South Gulfview Boulevard, Clearwater, Florida during Auqust 24m to October 1st 2005; Whereas, the D.H. Griffin Wreckinq Co. Inc desires an Indemnification Agreement to ensure that the D.H. Griffin Wreckinq Co.. Inc. the owner of the property located at 430 South Gulfview Boulevard, Clearwater, Florida, are protected from any claims arising out 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 the D.H. Griffin Wreckinq Co.. Inc. including their officers, agents, and employees; Now, therefore, the City of Clearwater agrees as follows: To the extent provided by Section 768.28, Florida Statutes, the City of Clearwater will indemnify, defend, and hold harmless the D H Griffin Wreckinq Co.. Inc. including all of their officers, agents, and employees, 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 Department at the property located at 430 South Gulfview Boulevard, 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 the D.H. Wreckinq Co.. Inc. including their officers, agents, and employees. By: ARWATER. FLORIDA ...~ illiam B. Horne II City Manager / 'irDved as.tJJ1 rette Attorney A~,~ G.1.JJ~ Cynthia E. Goudeau City Clerk RSI FRANK HIBBARD, MAYOR BILLjONSON, VICE-MAYOR HoY!' HAMILTON, COUNCILMEMBER * JOHN DORAN, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAl. EMPLOYMENT AND AFFIRMATNE ACTION EMPLOYER"