INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 301 SOUTH GULF VIEW BLVDINDEMNIFICATION AGREEMENT
This Agreement made and entered into this 23rd day of October, 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 Crystal Beach Capital, LLC property located at 301 South Gulf View Boulevard,
Clearwater, Florida.
Whereas, the Clearwater Fire & Rescue Department desires to engage in training exercises on
the Crystal Beach Capital, LLC property located at 301 South Gulf View Boulevard, Clearwater, Florida
during October 27, 28, 29, 2008;
Whereas, Crystal Beach Capital LLC and its construction manager, Bovis Lend Lease, Inc.
desire(s) an Indemnification Agreement to ensure that Crystal Beach Capital, LLC, the owner(s) of the
property located at 301 South Gulf View Boulevard, Clearwater, Florida, and its construction manager,
Bovis Lend Lease, Inc., 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 Crystal Beach Capital, LLC or Bovis Lend Lease, Inc., 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 Crystal Beach Capital, LLC, and Bovis Lend
Lease, Inc., 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 301 South Gulf View 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 to the extent that such are caused by any error,
omission or negligent act by Crystal Beach Capital, LLC or Bovis Lend Lease, Inc., 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
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By: 4L" g - A.,ZEC.
William B. Horne II
City Manager
Attest:
Assistant City Attorney