INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISE AT 26111 US HWY 19 NINDEMNIFICATION AGREEMENT
This Agreement made and entered into this 1st day of February 2011, by the City of Clearwater is to
clarify the City of Clearwater's liability during the Clearwater Police Department's training exercises on
the property of Hallmark Development of Florida Inc. located at 26111 U.S. Highway N., Clearwater,
Florida.
Whereas, the Clearwater Police Department's SWAT team desires to engage in training
exercises on the vacant Hallmark Development of Florida Inc. property located at 26111 U.S.
Highway N., Clearwater, Florida during February 9, 2011;
Whereas, the Hallmark Development of Florida Inc. desire(s) an Indemnification Agreement to
ensure that Hallmark Development of Florida Inc., the owner(s) of the property located at 26111 U.S.
Highway N., 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 Hallmark Development of Florida Inc., including the officers, agents,
and employees of Hallmark Development of Florida Inc.;
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless and indemnify Hallmark Development of Florida Inc.,
including all of the officers, agents, and employees of Hallmark Development of Florida Inc., 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 26111 U.S. Highway N., 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 Hallmark Development of Florida Inc., including
the officers, agents, and employees of the Hallmark Development of Florida Inc. 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:
illiam B. Horne II
City Manager
A proved as to form: Attest:
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1Robert J S rette Rosemarie Call
Assistant ity Attorney City Clerk
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