INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 1100 CLEVELAND STREET
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this 11th day of February, 2008, by the City of
Clearwater is to clarify the City of Clearwater's liability during the Clearwater Fire
Department's training exercises on the Clearwater Espacio Development. L.L.C. property
located at 1100 Cleveland Street, Clearwater, Florida.
Whereas, the Clearwater Fire & Rescue Department desires to engage in training
exercises on the vacant Clearwater Espacio Development. L.L.C. property located at 1100
Cleveland Street, Clearwater, Florida during the period of February 21st. 22nd & 2ih, 2008.
Whereas, the Clearwater Espacio Development. L.L.C. desire(s) an Indemnification
Agreement to ensure that the Clearwater Espacio Development. L.L.C. the owner(s) of the
property located at 1100 Cleveland Street, 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 ware not attributable to any error, omission, or negligent act by the
Clearwater Espacio Development. L.L.C., 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 Clearwater Espacio
Development. L.L.C., 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 property located at 1100
Cleveland Street, 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 Clearwater Espacio Development. L.L.C., 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 C EARWATER, FLORIDA
By:
::n:
iIIiam B. Horne II
City Manager
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