TO ENGAGE IN TRAINING EXERCISES
AGREEMENT
This Agreement made and entered into this 7th day of February, 2005, by the City of Clearwater and by
Harbor Oaks LLLP is to clarify the City of Clearwater's liability during the Clearwater Fire Department's
training exercises on the property located at 508 Jasmine Way, 508 1/2 Jasmine Way, 809 South Fort
Harrison, 901 South Fort Harrison, and 903 South Fort Harrison, Clearwater, Florida.
Whereas, the Clearwater Fire Department desires to engage in training exercises on the property located
at 508 Jasmine Way, 508 1/2 Jasmine Way, 809 South Fort Harrison, 901 South Fort Harrison, and 903
South Fort Harrison, Clearwater, Florida during February 2005;
Whereas, during the training exercises, the Clearwater Fire Department will be demolishing the buildings
located at 508 Jasmine Way, 508 1/2 Jasmine Way, 809 South Fort Harrison, 901 South Fort Harrison,
and 903 South Fort Harrison, Clearwater, Florida;
Whereas, the Harbor Oaks LLLP desires an Indemnification Agreement to ensure that the partnership,
which owns the property described above is 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 Harbor Oaks LLLP, including its officers, agents, and employees;
Now, therefore, the parties agree as follows:
(1) Harbor Oaks LLLP authorizes the Clearwater Fire Department to engage in training exercises during
February 2005 on the property located at 508 Jasmine Way, 508 1/2 Jasmine Way, 809 South Fort
Harrison, 901 South Fort Harrison, and 903 South Fort Harrison, Clearwater, Florida, including
authorization to demolish any of the buildings located on the property as part of the training exercises
without requiring the City of Clearwater or its agents or employees to repair any of the damage that may
result.
(2) To the extent provided by Section 768.28, Florida Statutes, the City of Clearwater will indemnify,
defend, and hold harmless the Harbor Oaks LLLP, 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 property located at 508 Jasmine Way, 508 1/2 Jasmine Way, 809 South Fort
Harrison, 901 South Fort Harrison, and 903 South Fort Harrison, 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 Harbor Oaks LLLP, including its officers, agents, and employees.
CITY O~R~ATER, FLORIDA
By: ~~4'.fd.~-::It
, ",WUlia.r:n B. Horne II
,_'<.' ":C!ty ~anager
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~ytif.hia-E. Goudeau
~. .:/ G.!,ty Cle-~
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-'-_HARBOR OAKS LLLP
By:
~~
Scott Doster, Vice President
GWllnvestments, Inc. General Partner