INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 10222 MCI DRIVEINDEMNIFICATION AGREEMENT
This Agreement made and entered into this 5th day of September 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 Amsterdam Hospitality Group I/O Cushman and Wakefield of
Florida located at 10222 MCI Drive, Pinellas Park, Florida.
Whereas, the Clearwater Police Department's SWAT team and K -9 Unit desires to engage in
training exercises on the property of Amsterdam Hospitality Group I/O Cushman and Wakefield of
Florida property located at 10222 MCI Drive, Pinellas Park, Florida from September 18 — Dec 31,
2013;
Whereas, the Amsterdam Hospitality Group I/O Cushman & Wakefield of Florida desire(s) an
Indemnification Agreement to ensure Amsterdam Hospitality Group I/O Cushman & Wakefield of
Florida, the owner(s) of the property located at 10222 MCI Drive Pinellas Park FI, 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 Amsterdam Hospitality
Group I/O Cushman & Wakefield of Florida, including the officers, agents, and employees of
Amsterdam Hospitality Group I/O Cushman & Wakefield of Florida;
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless, indemnify and defend Amsterdam Hospitality Group I/O
Cushman & Wakefield of Florida., including all of the officers, agents, and employees of Amsterdam
Hospitality Group I/O Cushman & Wakefield of Florida, from any claim, Toss, 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 and K9 Unit at the property located at 10222 MCI Drive, Pinellas Park FI. except that
neither the City of Clearwater nor its agents or employees shall be liable for any claim, Toss, damage,
cost, expense, or attorney's fees arising out of the training exercises that are attributable to any error,
omission, or negligent act by Amsterdam Hospitality Group I/O Cushman & Wakefield of Florida,
including the officers, agents, and employees of the Amsterdam Hospitality Group I/O Cushman &
Wakefield of Florida. Nothing herein shall be construed to waive or modify the provisions of Section
768.28, Florida Statutes or the doctrine of sovereign immunity.
7P)roved as to form:
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s..
Robert J. rette
Assistant City Attorney
RS/
CITY OF CLEARWATER, FLORIDA
By: t4
William B. Horne II
City Manager
Rosemarie Cali
City Clerk