INDEMNIFICATION AGREEMENT FOR POLICE DEPARTMENT USE OF 1515 EAST DRUID ROAD
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this 28th day of January, 2003, by the City of
Clearwater is to clarify the City of Clearwater's liability during the Clearwater Police
Department's tactical exercises on the Salvation Army property located at 1515 E. Druid
Road, Clearwater, Florida.
Whereas, the Clearwater Police Department desires to engage in tactical training
exercises on the vacant Salvation Army property located at 1515 E. Druid Road, Clearwater,
Florida;
Whereas, those exercises will include mock scenarios involving the apprehension of
suspects within the buildings and the use of simunition training equipment;
Whereas, the Salvation Army desires an Indemnification Agreement to ensure that the
Salvation Army, the owner of the property located at 1515 E. Druid Road, Clearwater, Florida,
is protected from any claims arising out the actions of the City of Clearwater or it's employees
or it's agents during the tactical training exercises, which are not attributable to any error,
omission, or negligent act by the Salvation Army, 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 Salvation Army, 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 tactical training at the Salvation Army property located at 1515 E. Druid
Road, 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 Salvation Army, including their officers, agents, and employees.
By:
William B. Horne II
City Manager
Approved as to form:
Attest: ,
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Cy t ia E. Goudeau
City Clerk