INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 2212 & 2216 DREW STREET, 213 N BELCHER ROAD, AND 2205 & 2207 NORMAN DRIVE (2)
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 Boos Development desire(s) an Indemnification Agreement to
ensure that Boos Development, the site developer(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 Boos 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 Boos 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 & 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
Boos 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.
CITY OF CLEARWATER, FLORIDA
By: ~~--::a:
William B. Horne II
City Manager
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