INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 174 BRIGHTWATER DRIVE
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this January 4th, 2006-1 by the City of Clearwater is to clarify the City of
Clearwater's liability during the Clearwater Fire Department's training exercises on the Delfino Bay property
located at 174 Brightwater Drive, Clearwater, Florida.
Whereas, the Clearwater Fire Department desires to engage in training exercises on the vacant Delfino
Bay property located at 174 Brightwater Drive, Clearwater, Florida during January 9th through February 24th
2006;
Whereas, the RB Development! D-Mar Contracting desire(s) an Indemnification Agreement to ensure
that the _RB Development! D-Mar Contracting, the owner(s) of the property located at 174 Brightwater
Drive, 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 RB Development! D-Mar Contracting 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 RB Development! D-Mar Contracting, 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 174 Brightwater Drive,
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 RB Development! D-Mar Contracting, 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.
CITYO~WATER, FLORIDA _
By: ~.A. ~-:JJ..
William B. Horne II
City Manager
Approved as to form:
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