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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 405 & 409 EAST SHORE DRIVE, 200 & 201 SKIFF POINT, 415 ISLAND WAY INDEMNIFICATION AGREEMENT This Agreement made and entered into this 9th day of December. 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 RB Development property located at 405 & 409 East Shore Drive. 200 & 201 Skiff Point. 415 Island Way Clearwater, Florida. Whereas, the Clearwater Fire & Rescue Department desires to engage in training exercises on the vacant RB Development property located at 405 & 409 East Shore Drive. 200 & 201 Skiff Point. 415 Island Way , Clearwater, Florida during December 9th 2005 thru Januarv 13. 2006. Whereas, the RB Development desire(s) an Indemnification Agreement to ensure that the RB Development, the owner( s) of the property located at 405 & 409 East Shore Drive. 200 & 201 Skiff Point. 415 Island Way, 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, 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, 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 405 & 409 East Shore Drive, 200 & 201 Skiff Point. 415 Island Way. 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, 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~ By: ;-;;z William B. Horne II City Manager ." cynthia 5. &Lideau City:Clerk RS/db