INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 715 SOUTH GULFVIEW DRIVE
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CITY OF
CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
TELEPHONE (727) 562-4334
FIRE & RESCUE
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this June 2, 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 Sun Spree Holiday Inn I
JMC Development property located at 715 South Gulfview Drive, Clearwater Beach Florida.
Whereas, the Clearwater Fire Department desires to engage in training exercises on the vacant Sun
Spree Holiday Inn property located at 715 South Gulfview Drive, Clearwater Beach, Florida during August 1st
through October 1st 2006;
Whereas, the JMC Development desire(s) an Indemnification Agreement to ensure that the JMC
Development, the owner(s) of the property located at 715 South Gulfview Drive, Clearwater Beach 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 JMC 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 JMC 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 715 South Gulfview Drive, Clearwater Beach,
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 JMC 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.
By:
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Approved as to form:
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BILL]ONSON, VICE-MAYOR
Hoy]' HAMILTON, COUNCILMEMBER
FRANK HIIJIlARD, MAYOR
RS/
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"EQUAL EMPLOYMENT AND AFfIRMATIVE ACTION EMPLOYER"