INDEMNIFICATION AGREEMENT TO ENGAGE IN COLLECTING VOLULNTARILY TURNED IN PRESCRIPTION MEDICATIONS ON THE NORTH-EAST PARKING LOT OF PROPERTY AT 27001 US 19 NINDEMNIFICATION AGREEMENT
This Agreement made and entered into this 2nd day of September 2014, by the City of
Clearwater is to clarify the City of Clearwater's liability during the Clearwater Police
Department's prescription drug take back on the Westfield Countryside Mall property
located at 27001 U S Hwy 19 North, Clearwater, Florida.
Whereas, the Clearwater Police Department desires to engage in collecting
voluntarily turned in prescription medications on the north -east parking lot property
located at 27001 U S Hwy 19 North, Clearwater, Florida during September 27, 2014, 10:00
am- 2:00 pm.
Whereas, the Westfield Countryside Mall desire(s) an Indemnification Agreement to
ensure that the Westfield Countryside Mall, the owner(s) of the property located at 27001
U S Hwy 19 North, Clearwater, Florida, is /are protected from any claims arising out the
actions of the City of Clearwater or its employees during the prescription drug take back,
which are not attributable to any error, omission, or negligent act by Westfield Countryside
Mall, including the officers, agents, and employees of the property owner(s);
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless and indemnify Westfield Countryside Mall,
including all of the officers, agents, and employees of the owner(s), 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 the prescription drug
take back by the Clearwater Police Department at the property located at 27001 U S Hwy 19
North, 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 prescription drug take back that are attributable to any error, omission, or
negligent act by Westfield Countryside Mall, including the officers, agents, and employees
of the property owner(s). Nothing herein shall be construed to waive or modify the provisions
of Section 768.28, Florida Statutes or the doctrine of sovereign immunity.
Ap
roved as to form:
Robert J. rette
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By: i,aA,v-.6,A4.4 -tAa--
William B. Horne II
City Manager
Attest:
Rosemarie Call
City Clerk