INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES ON THE CLEARWATER FREE CLINIC AT 704 & 705 N GARDEN AVEINDEMNIFICATION AGREEMENT
This Agreement made and entered into this 1 st day of July 2010, by the City of Clearwater is
to clarify the City of Clearwater's liability during the Clearwater Police Department's training
exercises on the Clearwater Free Clinic (CFC) property located at 704 and 706 N. Garden
Ave, Clearwater, Florida.
Whereas, the Clearwater Police Department's SWAT team desires to engage in
training exercises on the vacant Clearwater Free Clinic property located at 704 and 706 N.
Garden Ave, Clearwater, Florida during July 6, 2010;
Whereas, the Clearwater Free Clinic requests an Indemnification Agreement to ensure
that CFC, the owner(s) of the property located at 704 and 706 N. Garden Ave, 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 CFC, including the officers, agents, and employees of CFC;
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless and indemnify CFC, including all of the officers,
agents, and employees of CFC, 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 Police Department's SWAT
team at the property located at 704 and 706 N. Garden Ave, 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 CFC, including the officers, agents, and
employees of the CFC. 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 LEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Approved as to form:
?? 44 -4 1
Robert J. S rette
Assistant City Attorney
RS/
r
thia E. Goudeau
City Clerk
.&v THE C/F