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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 1884 BETTY LANE (3) INDEMNIFICATION AGREEMENT This Agreement made and entered into this 15th day of November 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 Homer Villas property located at 1884 Bettv Lane, Clearwater, Florida. Whereas, the Clearwater Fire & Rescue Department desires to engage in training exercises on the vacant Homer Villas property located at 1884 Bettv Lane. Clearwater, Florida during the period of November 1st, throuqh December 31st, 2007. Whereas, the Clearwater Housinq Authoritv (CHA) desire(s) an Indemnification Agreement to ensure that the, the owner(s) of the property located at 1884 Bettv Lane, Clearwater, Florida, is/are protected from any claims arising out of 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 CHA 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 CHA 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 1884 Bettv Lane, 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 CHA, 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~ARWATER, FLORIDA By: t:'J~~--:IL William B. Horne II City Manager Approved as to form: (r)' 1:) t f' IL- l I r i ..' 7\~ v \rv ..;i.) V.I' r Robert Jf Surette Assistcid: City Attorney RS/db