INDEMNIFICATION AGREEMENT TO USE AS STAGING AREA FOR FORD IRON MAN WORLD CHAMPIONSHIP 70.3
INDEMNIFICATION AGREEMENT
This Agreement made and entered into November 6, 2006, by the City of Clearwater is to clarify the
City of Clearwater's liability during the Special Event known as Ford Iron Man World Championship
70.3 as a result of the City's use of 101 South Gulf View Boulevard Clearwater, Florida as a staging
area for vehicles (primarily Television Trucks), equipment and supplies used for the Special Event.
Whereas, the Clearwater Parks and Recreation Department desires to use vacant property
owned by K&P Clearwater Estate, LLC, located at 101 South Gulf View Boulevard Clearwater,
Florida for Ford Iron Man World Championship 70.3 from November 1,2006 to November 14, 2006;
and
Whereas, K&P Clearwater Estate, LLC, desire(s) an Indemnification Agreement to ensure that
K&P Clearwater Estate, LLC, the owner of the property located at 101 South Gulf View Boulevard
Clearwater, Florida, is protected from any claims arising out the actions of the City of Clearwater or its
employees during the special event, which are not attributable to any error, omission, or negligent act
by K&P Clearwater Estate, LLC, including the officers, agents, and employees of the property owner;
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless and indemnify Clearwater Estate, LLC, including all of the
officers, agents, and employees of the owner, 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 Special Event known as Ford Iron Man World Championship 70.3 at the property located at 101
South Gulf View Boulevard 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 special event that are attributable to any error, omission, or negligent act by K&P
Clearwater Estate, LLC, including the officers, agents, and employees of the property owner. Nothing
herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes or the
doctrine of sovereign immunity.
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By:
William B. Horne II
City Manager
Attest:
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nthia E:::Goudeau
.. City: cterk
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