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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 1078 ELDORADO AVEINDEMNIFICATION AGREEMENT This Agreement made and entered into this Oct 7, 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 Cavil! Family Ltd Partnership, located at 1078 Eldorado Ave Whereas, the Clearwater Police Department desires to engage in training exercises on the property of Cavil! Family Ltd Partnership property located at 1078 Eldorado Ave during the months of October, November and December 2016; Whereas, the Cavil! Family Ltd Partnership desire(s) an Indemnification Agreement to ensure Cavill Family Ltd Partnership., the owner(s) of the property located at., Cavil! Family Ltd Partnership, is /are 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 Cavill Family Ltd Partnership, including the officers, agents, and employees. Cavill Family Ltd Partnership; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend Cavill Family Ltd Partnership, including all of the officers, agents, and employees of Cavill Family Ltd Partnership, 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 1078 Eldorado Ave. 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 Cavill Family Ltd Partnership, including the officers, agents, and employees of the Cavill Family Ltd Partnership. 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: Attest: WLam..B LLLI3 William B. Horne II City Manager Rosemarie Call Assistant City Attorney City Clerk RS/