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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 509 AND 517 EDENVILLE AVEINDEMNIFICATION AGREEMENT This Agreement made and entered into this 22nd day of November 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 vacant property located at 509 and 517 Edenville Ave, Clearwater, Florida. Whereas, the Clearwater Police Department desires to engage in training exercises periodically on the vacant property owned by Alley, Rehbaum & Capes Assurance Inc. and located at 509 and 517 Edenville Ave, Clearwater, Florida, on November 30th, 2011; Whereas, Alley, Rehbaum & Capes Assurance Inc. requests an Indemnification Agreement to ensure that Alley, Rehbaum & Capes Assurance Inc., the owner of the property located at 509 and 517 Edenville Ave, Clearwater, Florida, is 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 Alley, Rehbaum & Capes Assurance Inc., including the officers, agents, and employees of Alley, Rehbaum & Capes Assurance Inc.; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless and indemnify Alley, Rehbaum & Capes Assurance Inc., including all of the officers, agents, and employees of Alley, Rehbaum & Capes Assurance 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 at the property located at 509 and 517 Edenville 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 negligenf act by Alley, Rehbaum & Capes Assurance Inc., including the officers, agents, and employees of Alley, Rehbaum & Capes Assurance Inc.. Nothing herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity. ' Approved as to form: � r Robert J. rette CITY OF CLEARWATER, FLORIDA gy: - � illiam B. Horne II - City Manager Attest: �L�'C1k.b1�,Q�. k./ Rosemarie Call Assistant City Attorney City Clerk i_ � .��� � : . �+ ^ / i ;?l►' �' • i� • ���: � : �. �, �� � , ;t ; i�4` . �. _ .. .J