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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 1024, 1100, 1102, 1104, 1106, 1108 & 1112 FAIRBURN AVENUE t,~J7.L~~ ,1-Co\W Of Tif.::+.. ~~t''''''~~''''''~. \ ~C:$l.' ,,\j~./~~ ~ .~.. S~~~,,-.=..-.-i~ t -~'1 r:- ==:=c=~ ~~ i1" __.w ::-.;; . . ~~~~~. ~ ~~TE~1~~~ ~~-L""lJJJ CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 TELEPHONE (727) 562-4334 INDEMNIFICATION AGREEMENT FIRE & RESCUE This Agreement made and entered into this December 22, 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 Homeless Emergency Project Inc properties located at 1024, 1100, 1102, 1104, 1106, 1108 & 1112 Fairburn Ave, Clearwater, Florida. Whereas, the Clearwater Fire Rescue Department desires to engage in training exercises on the vacant Homeless Emergency Project Inc properties located at 1024, 1100, 1102, 1104, 1106, 1108 & 1112 Fairburn Ave, Clearwater, Florida during January 1st through February 15th, 2007. Whereas, the Homeless Emergency Project Inc desire(s) an Indemnification Agreement to ensure that the, the owner(s) of the properties located at 1024, 1100, 1102, 1104, 1106, 1108 & 1112 Fairburn 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 Homeless Emergency Project Inc 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 Homeless Emergency Project Inc, 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 properties located at 1024, 1100, 1102, 1104, 1106, 1108 & 1112 Fairburn 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 Homeless Emergency Project Inc, 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 O~, FLORIDA By: " ~-n. William B. Horne II City ~~~C1ger Attest: .<1>.... ....... _ '- ~ .. ~. ,.,. ...... BILL JONSON, VICE-MAYOR HoY!" HAMILTON, COUNCILMEMBER ~ Robert urette Assistant City Attorney RS/ ". -- FRANK ifmllARD"MA-vt'JIC. * JOHN DORAN, CARLEN A. PETERSEN, "EQUAL EMPLOYMENT A1\JD AFFIRMATIVE ACTION EMPLOYER"