INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 1154 & 1160 MANDALAY POINTINDEMNIFICATION AGREEMENT
This Agreement made and entered into this 2"d of February, 2009, 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 Pitt & Joy Gills/ Monogram Builders Inc property located at 1154
& 1160 Mandalay Point, Clearwater, Florida.
Whereas, the Clearwater Fire & Rescue Department desires to engage in training
exercises on the vacant Pitt & Joy Gills/ Monogram Builders Inc property located at 1154
& 1160 Mandalay Point, Clearwater Beach, Florida during February of 2009;
Whereas, Pitt & Joy Gills/ Monogram Builders Inc desire(s) an Indemnification
Agreement to ensure that Pitt & Joy Gills/ Monogram Builders Inc, the owner(s) of the
property located at 1154 & 1160 Mandalay Point, Clearwater Beach, 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 Pitt & Joy Gills/ Monogram Builders 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 Pitt & Joy Gills/ Monogram
Builders 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 1154 &
1160 Mandalay Point, Clearwater Beach , 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 Pitt & Joy Gills/ Monogram Builders 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
By: - .? r
William B. Horne II
City Manager
Approved as to form:
ti it I
Pam Ak n
City Attorney
RS/db
Attest:
C
is E. Goudeau
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