INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 2212 & 2216 DREW STREET, 213 N BELCHER ROAD, AND 2205 & 2207 NORMAN DRIVE
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this October 18th, 2007, by the City of
Clearwater is to clarify the City of Clearwater's liability during the Clearwater Fire &
Rescue Department's training exercises on the 7-11 Corporation property located at
2212 & 2216 Drew St, 213 N Belcher Rd, & 2205 & 2207 Norman Dr, Clearwater, FL.
Whereas, the Clearwater Fire & Rescue Department desires to engage in
training exercises on the vacant 7-11 Corporation property located at 2212 & 2216
Drew St, 213 N Belcher Rd, & 2205 & 2207 Norman Dr, Clearwater, Florida during
October 22nd through November 30th, 2007;
Whereas, the 7-11 Corporation desire(s) an Indemnification Agreement to
ensure that the, the owner(s) of the property located at 2212 & 2216 Drew St, 213 N
Belcher Rd, & 2205 & 2207 Norman Dr, 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 7-11 Corporation 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 7-11 Corporation 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 & Rescue Department at the property located at 2212 & 2216
Drew St, 213 N Belcher Rd, & 2205 & 2207 Norman Dr, 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 7-11
Corporation 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 OF CLEARWATER, FLORIDA
By: ~~~~~
William B. Horne II .._.:..._-""-'"
City Manager
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Approved as to form: