INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 300, 400, 410A NORTH FORT HARRISON AND 309 AND 407 NORTH OSCEOLA
CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
TELEPHONE (727) 562-4334
FIRE & RESCUE
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this 14th day of September. 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 TrianQle
Development Company L.L.C. property located at 300.400, 410A N. Fort Harrison and 309 and 407 N.
Osceola, Clearwater, Florida.
Whereas, the Clearwater Fire Department desires to engage in training exercises on the vacant TrianQle
Development Company L.L.C. property located at 300.400. 410A N. Fort Harrison and 309 and 407 N.
Osceola, Clearwater, Florida during September 14th thru October 30th. 2005;
Whereas, the TrianQle Development Company L.L.C. desire(s) an Indemnification Agreement to ensure
that the TrianQle Development Company L.L.C., the owner(s) of the property located at 300.400. 410A N. Fort
Harrison and 309 and 407 N. Osceola, Clearwater, Florida, is/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 TrianQle Development Company L.L.C., 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 the TrianQle Development Company L.L.C., 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 Department at the property located at 300.400. 410A N. Fort Harrison
and 309 and 407 N. Osceola, 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 TrianQle Development
Company L.L.C., 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 ~=R. FLORIDA
By: ~~
William B. Horne II
City Mal1Clger
RS/db
FRANK HIBBARD, MAYOR
Bn.LJONSON, VICE-MAYOR
HoYf HAMILTON, COUNCILMEMBER
(1)
JOHN DORAN, COUNClLMEMBER
CARLEN A. PETERSEN, COUNCILMEMBER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"