INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 26568 US 19 NINDEMNIFICATION AGREEMENT
This Agreement made and entered into this 27th day of June, 2016, 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 WPG- Countryside, LLC ( "WPG ") located at 26568 US Highway 19 North,
Clearwater, Florida 33761 (the "Property ").
Whereas, the Clearwater Police Department desires to engage in training exercises on the
Property during the period commencing on the date hereof and continuing until Dec 31, 2016;
Whereas, WPG desire(s) an Indemnification Agreement to ensure WPG, the owner(s) of the
Property, is protected from any claims arising out of 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 WPG, including all of the officers,
agents, and employees of WPG (collectively, the "WPG Parties "), 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. The City of Clearwater will also hold harmless, indemnify and defend WPG and the WPG
Parties from any claim, Toss, damage, costs or expense, including attorneys' fees and costs incurred
in enforcing this Indemnity Agreement, arising out of any personal injury or property damage occurring
at the Property or otherwise resulting from the training exercises or any other activities undertaken by
the City of Clearwater on the Property, specifically including, but not limited to, all personal injury or
property damage resulting from the condition of the Property, it being acknowledged and agreed by
the City of Clearwater that the site has been abandoned for almost one (1) year and has not been
maintained by WPG during such period, WPG makes no representations or warranties of any kind
regarding the condition of the Property or any improvements located thereon and the City of
Clearwater accepts the Property in its "as -is" condition. Further, the City of Clearwater hereby waives
all rights, benefits or other protections afforded to it under the provisions of Section 768.28, Florida
Statutes and waives any and all rights, benefits or protections afforded to it under the doctrine of
sovereign immunity.
A..roved as to form:
Robert J `C'ette
Assistant C y Attorney
RS/
CITY OF CLEARWATER, FLORIDA
By:
OA:tuA,, 40.4a7-4-7
William B. Horne II
City Manager
Attest:
"1-01: Rosemarie Call
City Clerk