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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 2506 COUNTRYSIDE BLVDINDEMNIFICATION AGREEMENT This Agreement made and entered into this 4th of June, 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 Clear Ocean Investments II Corporation property located at 2506 Countryside Blvd, Clearwater, Florida. Whereas, the Clearwater Fire & Rescue Department desires to engage in training exercises on the vacant Clear Ocean Investments II Corporation property located at 2506 Countryside Blvd, Clearwater, Florida during June 8th through August 31St, 2009. Whereas, the Clear Ocean Investments II Corporation desire(s) an Indemnification Agreement to ensure that Clear Ocean Investments II Corporation, the owner(s) of the property located at 2506 Countryside Blvd, 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 Clear Ocean Investments II Corporation 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 Clear Ocean Investments 11 Corporation, 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 2506 Countryside Blvd., 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 Clear Ocean Investments II Corporation, 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:? - William B. Horne II City Manager Approved as to form: Attest: Robert urette *Ch EAssistant City Attorney rk RS/d b r CIT YW y L ?FAWV