INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING ON THE MOSS FEASTER PROPERTYINDEMNIFICATION AGREEMENT
This Agreement made and entered into this 7th day of March 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 Moss Feaster property located at 802 N. Fort Harrison Ave, Clearwater,
Florida.
Whereas, the Clearwater Police Department's SWAT team desires to engage in
training exercises on the vacant Moss Feaster property located at 802 N. Fort Harrison Ave,
Clearwater, Florida during March 09, 2011;
Whereas, Moss Feaster desire(s) an Indemnification Agreement to ensure that Moss
Feaster, the owner(s) of the property located at 802 N. Fort Harrison 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 Moss Feaster, including the officers, agents, and employees of Moss
Feaster;
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless and indemnify Moss Feaster including all of the
officers, agents, and employees of Moss Feaster, 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 802 N. Fort Harrison 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 Moss
Feaster, including the officers, agents, and employees of the Moss Feaster. 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 EARWATER, FLORIDA
By. 444
'William B. Horne II
City Manager
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Approved as to form:
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Robert J. 1? rette
Attest:
Rosemarie Call
CIS-
04R-
Assistant City Attorney
City Clerk
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