SWAT EXERCISES WITH K-9 DOGS ON CLEARWATER MALL PROPERTY
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this 21st day of February, 2002, by the City of
Clearwater is to clarify the City of Clearwater's liability during the Clearwater Police
Department's SWAT exercises on the Clearwater Mall property located at 20505 U.S.
Highway North, Clearwater, Florida.
Whereas, the Clearwater Police Department desires to engage in SWAT exercises on
the vacant Clearwater Mall property located at 20505 U.S. Highway North, Clearwater,
Florida;
Whereas, those exercises will include mock scenarios involving the apprehension of
suspects within the buildings and the use of K-9 dogs;
Whereas, the Sembler Company desires an Indemnification Agreement to ensure that
the Sembler Company and its client, New Plan Excel Realty Trust, L TO, the owner of the
Clearwater Mall property located at 20505 U.S. Highway North, Clearwater, Florida, are
protected from any claims arising out the actior:s of the City of Qlearwater or its employees
during the SWAT training exercises, which are not attributable to any error, omission, or
negligent act by the Sembler Company or New Plan Excel Realty Trust, L TO, including their
officers, agents, and employees;
Now, therefore, the City of Clearwater agrees as follows:
To the extent provided by Section 768.28, Florida Statutes, the City of Clearwater will
indemnify, defend, and hold harmless the Sembler Company and New Plan Excel Realty
Trust, L TO, including all of their officers, agents, and employees, 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 SWAT training at the
Clearwater Mall property located at 20505 U.S. Highway North, 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 Sembler Company or New Plan
Excel Realty Trust, L TO, including their officers, agents, and employees.
By:
illiam B. Horne"
City Manager
Approved as to form:
~ffllJilliMlk
Robert Surette
Assistant City Attorney
Attest: