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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 905 SOUTH HIGHLAND AVENUE 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 July 7, 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 YMCA of the Suncoast property located at 905 S. Highland Ave, Clearwater, Florida. Whereas, the Clearwater Fire Rescue Department desires to engage in training exercises on the vacant YMCA of the Suncoast property located at 905 S. Highland Ave, Clearwater, Florida during July 7th through July 31st 2006. Whereas, the YMCA of the Suncoast desire(s) an Indemnification Agreement to ensure that the owner(s) of the property located at 905 S. Highland Ave, 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 YMCA of the Suncoast 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 YMCA of the Suncoast, 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 905 S. Highland Ave, 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 YMCA of the Suncoast, 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~, FLORIDA By: -:?>. ~-;It.. William B. Horne II City Manager RS/ FRANK HIBBARD, MAYO!, BILL JONSON, VICE-MAYOR HoYT HAMILTOK, COUNCILMEMBER G) JOHN DORAN, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"