INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 2855 GULF TO BAY BLVD (3)INDEMNIFICATION AGREEMENT
This Agreement made and entered into this 24th day of June 2013, 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 BVG Acquisitions, Inc. located at 2855 Gulf to Bay Blvd., Clearwater, Florida.
Whereas, the Clearwater Police Department's SWAT Negotiator team desires to engage in
training exercises on the property of BVG Acquisitions Inc. property located at 2855 Gulf to Bay Blvd,
Clearwater, Florida during June 27, 2013;
Whereas, the BVG Acquisitions Inc. desire(s) an Indemnification Agreement to ensure that BVG
Acquisitions Inc., the owner(s) of the property located at 2855 Gulf to Bay Blvd., 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
BVG Acquisitions Inc., including the officers, agents, and employees of BVG Acquisitions Inc.;
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless, indemnify and defend BVG Acquisitions Inc.,
including all of the officers, agents, and employees of BVG Acquisitions 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 2855 Gulf to Bay Blvd., 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 BVG Acquisitions Inc., including the officers,
agents, and employees of the BVG Acquisitions Inc. Nothing herein shall be construed to waive or
modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity.
alrov d a to form:
Robert J.
Assistant City Attorney
RS/
CITY OF CLEARWATER, FLORIDA
William B. Horne II
City Manager
By:
Rosemarie Call
City Clerk