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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 201, 215, & 219 SOUTH GULFVIEW BLVD INDEMNIFICATION AGREEMENT This Agreement made and entered into this January 19th 2006, by the City of Clearwater is to clarify the City of Clearwater's liability during the Clearwater Fire Department's training exercises on the K & P Clearwater Est LLCI Kirit Shah property located at 201.215. & 219 South Gulfview Blvd, Clearwater, Florida. Whereas, the Clearwater Fire Department desires to engage in training exercises on the vacant property located at 201. 215. & 219 South Gulfview Blvd, Clearwater, Florida during February 1st throuah Auaust 31st 2006; Whereas, the K & P Clearwater Est LLCI Kirit Shah desire(s) an Indemnification Agreement to ensure that the K & P Clearwater Est LLC I Kirit Shah, the owner(s) of the property located at 201.215. & 219 South Gulfview 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 K & P Clearwater Est LLCI Kirit Shah 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 K & P Clearwater Est LLCI Kirit Shah, 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 201. 215. & 219 South Gulfview 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 K & P Clearwater est LLC I Kirit Shah, 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. Y&! By: . ::' ..? - - C Cyrithia..E,...:.. Goudeau Cify Clerk ~ " RS/