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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 862 BAYWAY BOULEVARD 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 21, 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 Roger's Beach Development property located at 862 Bayway Blvd, Clearwater Beach, Florida. Whereas, the Clearwater Fire Rescue Department desires to engage in training exercises on the vacant Ro~er's Beach Develorment property located at 862 Bayway Blvd, Clearwater Beach, Florida during June 26t through August 15 2006. Whereas, the Rogers Beach Development desire(s) an Indemnification Agreement to ensure that the , the owner(s) of the property located at 862 Bayway Blvd, 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 Roger's Beach 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 Roger's Beach 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 862 Bayway Blvd, 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 Roger's Beach 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. CITYO~~WATER, FLORIDA By: ~13.~Lt William B. Horne II City Manager Robert . urette Assistan City Attorney RS/ G> JOHN DORAN, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"