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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 2201 SOULE RD (3)MOW This Agreement made and entered into this 23rd day May, 2016, by the City of Clearwater is to clarify the City of Clearwater's liability during the Clearwater' olice Department's training exercises on the property owned by the Greater Tampa Bay Area Council of the Boy Scouts of America located at 2201 Soule Rd. Clearwater, FL 33759. Whereas, the Clearwater Police Department desires to, engage in training exercises on the property owned by the Greater Tampa Bay Area Council of the Boy Scouts of America located at 2.201 Soule Rd, Clearwater, FL 33759 during the calendar years 2016 and 2017; and Whereas, the Greater Tampa Bay Area Council of the Boy Scouts of America desire(s) an Indemnification Agreement to ensure that the Greater Tampa Bay Area Council of the Boy Scouts of America is protected from any claims arising out the actions of the City of Clearwater or its employees during the training exercises; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend Greater Tampa Bay Area Council of the Boy Scouts of America, including all of the officers, agents, and employees 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 located at 2201 Soule Rd., Clearwater, FL 33759, 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 Greater Tampa Bay Area Council of the Boy Scouts of America, including the officers, agents, and employees of the Greater Tampa Bay Area Council of the Boy Scouts of America. Nothing herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity. Approved as to form, Robert J. �,Sorette Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: Wifliarn B. Horne 11 City Manager Attest kos6marie Call I City Clerk