INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 19320 - 19400 US HIGHWAY 19 NINDEMNIFICATION AGREEMENT
This Agreement made and entered into this Dec 29, 2015, 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 Kenyon Dodge, Inc. and Sunset Pontiac -GMC Truck South, Inc. (collectively, "Owner")
located at 19320 —19400 U.S. Highway 19 N, Clearwater, FL 33761 (the "property ").
Whereas, the Clearwater Police Department desires to engage in training exercises on the
property during the calendar year of 2016;
Whereas, Owner desire(s) an Indemnification Agreement to ensure that Owner is protected 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 Owner,
including Owner's officers, agents, and employees;
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless, indemnify and defend Owner and its officers, agents,
employees and affiliates, 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, 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 Owner, or its officers, agents, employees and affiliates. Nothing herein shall be
construed to waive or modify the provisions of Section 768.28, Florida Statutes or the doctrine of
sovereign immunity.
CITY OF CLEARWATER, FLORIDA
By: ,l✓ �rGt/,GLbO .�i For.
Wham B. Horne II
City Manager
roved - s to form: Attest:
Robert J. rette
Assistant • ity Attorney
RS/
LRosemarie Call
City Clerk