INDEMNIFICATION AGREEMENT TO ENGAGE IN TACTICAL TRAINING EXERCISES AT 2855 GULF TO BAY BLVD AGREEMENT
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THIS AGREEMENT, mare and entered into on ' l �r x 4 Viand between BVG
Acquisition, Inc. (the -Owner")and the {the
-Agency').
WHEREAS, the Agency desires to use for conducting training exercises certain real property of
the Owner known as Bayview Gardens and being located at 2855 Gulf to Bay Blvd,Clearwater, FL 33759
(the -Property-).
WHEREAS,the Owner authorizes the Agency to use the Property for such training exercises,and
WHEREAS, David E. Menet, as the attorney for the Owner, is authorized to enter into this
Agreement on behalf of the owner..
NOW, THEREFORE, in consideration of the sum of Two Dollars ($2.00) in hand paid by the
Agency, receipt of which is hereby acknowledged, Owner and agency mutually covenant and agr€e as
follows:
. Agency, by and through its employees and agents, shall have the right to conduct
certain training exercises at, in, and upon all areas of the Property, except that no
exercises will use or occur within the elevator system in the multi-story tower.
2, Agency only may enter the Property (a) to conduct training exercises, and (b) on such
mates expressly and previously agreed to by Agency and Owner in writing,
3. As permitted by law, Agency agrees to release, protect, indemnify, and beep and hold
harmless the Owner from any and all claims, loss, damages, expenses (including
reasonable attorneys fees),actions, or causes of action,whether to persons or property
and whether known or unknown, which may arise out of the Agency's use of the
Property axes t that neither the l o Glea rwater rrrar itts a ants or ern to ees shall
be liable for an t claim loss darna a cR st ex once or attorne 's fees arising out of
the trainin exercises that are caused b or attributable to an error omission or
negligent act b y, the owner, inclta in the officers a eras and em to ees of the
owner. Nothing contained herein shall be construed to waive or modify the provisions
of F.S.758.28,as same is applicable to the parties.
4. This Agreement shall continue in full force and effect until December 31,2013.
5. ,Agency hereby certifies that it is self-insured, and Agency further certifies that any
employee or agent of Agency entering the Property for any purpose will be fully covered
by Agency's worker's compensation insurance policy.
G. Agency further: (a) acknowledges that all business operations on the Property have
been closed continuously for a substantial period of time, (la) acknowledges that the
Property's grounds and structures have not been diligently maintained or repaired;. (c)
acknowledges that hazards may exist on the Property; ( ) agrees that the Agency, will
advise its employees and agents that hazards may exist on the Property; and (e)agrees
that Agency will undertake all reasonable acts to minimize the risk of injury or loss to its
employees and agents entering the Property.
T. This Agreement represents the full and complete understanding of the parties and may
be modified, amended or altered only by a document in writing signed by the parties
hereto.
BVG ACQUISITION,INC.
DAVID E.MENET
asauthorized agent for Owner
CI'T'Y OF CLEARWATE t,FLORID
fk
William B.Horne 11
City Manager
Approved as to font Attests
't f4+td
a"
Robert . urette sernarie Call
@j M1
AssistantAPty Attorney City Clerk
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