INDEMNIFICATION AGREEMENT - TRAINING EXERCISES - CLEARWATER FIRE DEPARTMENT
INDEMNIFICATION AGREEMENT
41--
This Agreement made and entered into thisL day of March, 2002, by the City of
Clearwater is to clarify the City of Clearwater's liability during the Clearwater Fire
Department's training exercises on the Clearwater Mall property located at 20505 U.S.
Highway North, Clearwater, Florida.
e
Whereas, the Clearwater Fire Department desires to engage in training exercises on
the vacant Clearwater Mall property located at 20505 U.S. Highway North, Clearwater,
Florida during March and April 2002;
Whereas, the Sembler Company desires an Indemnification Agreement to ensure that
the Sembler Company and its client, New Plan Excel Realty Trust, L TO, the owner of the
Clearwater Mall property located at 20505 U.S. Highway North, 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 Sembler Company or New Plan Excel Realty Trust, L TO, 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 Sembler Company and New Plan Excel Realty
Trust, L TO, 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 Clearwater Mall property located at 20505 U.S. Highway
North, 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 Sembler Company or New Plan Excel Realty Trust, L TO, including their officers,
agents, and employees.
EARWATER, FLORIDA
-~J!
By:
illiam B. Horne II
City Manager
Attest:
0~,2,~,
CY~ia E. 'Goudeau '
V City CJerk '
Robert . urette
Assistan City Attorney