INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 110 N MCMULLEN RDINDEMNIFICATION AGREEMENT
This Agreement made and entered into this 8th day of September, 2010, by the City of
Clearwater is to clarify the Calvary Baptist Church's liability during the Clearwater Police
Department's training exercises on the property located at 110 N McMullen Rd. (and adjacent
properties), Clearwater, Florida.
Whereas, the Clearwater Police Department's SWAT team desires to engage in
training exercises on the vacant properties located at 110 N McMullen Rd, Clearwater,
Florida during September 9, 2010; and
Whereas, the Calvary Baptist Church desire(s) an Indemnification Agreement to
ensure that Calvary Baptist Church, the owner(s) of the property located at 110 N McMullen
Rd, 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 Calvary Baptist Church, including the officers, agents,
and employees of Calvary Baptist Church.
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless and indemnify Calvary Baptist Church, including all
of the officers, agents, and employees of Calvary Baptist Church, 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 110 N McMullen Rd,
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 Calvary
Baptist Church, including the officers, agents, and employees of the Calvary Baptist Church.
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/? ?FL? O?R? IDA
By: rE?. William B. Horne II
City Manager
Approved as to form:
Robert Surette
Assista. City Attorney
Attest:
Rosemarie Call
City Clerk
RS/