INDEMNIFICATION AGREEMENT TO ENGAGE IN TACTICAL TRAINING/EXPLOSIVE BREACHING EXERCISES
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this 4th day of August, 2005, by the City of
Clearwater is to clarify the City of Clearwater's liability during the Clearwater Police
Department's tactical exercises on the Peter R. Brown Construction Co., the Kimmins
Construction Co. and the Cross Construction Co. property located at 2990 Tanglewood
Ave., Clearwater, Florida.
Whereas, the Clearwater Police Department desires to engage in tactical
training/explosive breaching exercises on the vacant Jasmine Courts property located at
2990 Tanglewood Ave.;
Whereas, those exercises will include mock scenarios involving the apprehension
of suspects within the building, the use of simunition training equipment, the use of
extraction equipment and the use and application of explosive breaching techniques;
Whereas, the Peter R. Brown Construction Co., the Kimmins Construction Co. and
the Cross Construction Co. desire an Indemnification Agreement to ensure that the Peter
R. Brown Construction Co. the Kimmins Construction Co. and the Cross Construction Co.
are protected from any claims arising out of the actions of the City of Clearwater or it's
employees during the tactical training exercises, which are not attributable to any error,
omission, or negligent act by the Peter R. Brown Construction Co. and the Kimmins
Construction Co. and the Cross Construction Co., 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 Peter R Construction Co., the Kimmins
Construction Co. and the Cross Construction Co., 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 employees, during the
performance of tactical training at the Peter R. Brown Construction Co., the Kimmins
Construction Co. and the Cross Construction Co. property located at 2990 Tanglewood
Ave., Clearwater, Florida, except that neither the City of Clearwater nor its 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
Peter R. Brown Construction Co., the Kimmins Construction Co. and the Cross
Construction Co., including their officers, agents, and employees.
CITY OF LEARWATER, FLORIDA
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William B. Horne II
City Manager
By:
Attest:
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C nhiaE. Goudeau
C~ty Clerk
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