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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 9020 AND 9000 82ND AVE N, SEMINOLEINDEMNIFICATION AGREEMENT This Agreement made and entered into this October 20, 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 Gulfwind Contracting LLC DBA Gulfwind Homes located at 9020 and 9000 82nd Ave N, Seminole, FL. Whereas, the Clearwater Police Department desires to engage in training exercises on the property of Gulfwind Contracting LLC DBA Gulfwind Homes property located at 9020 and 9000 82" Ave N, Seminole, FL during Oct. 20 -Dec. 31, 2016; Whereas, the Gulfwind Contracting LLC DBA Gulfwind Homes desire(s) an Indemnification Agreement to ensure Gulfwind Contracting LLC DBA Gulfwind Homes., the owner(s) of the property located at., 9020 and 9000 82nd Ave N, Seminole, FL, 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 Gulfwind Contracting LLC DBA Gulfwind Homes, including the officers, agents, and employees. Gulfwind Contracting LLC DBA Gulfwind Homes; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend Gulfwind Contracting LLC DBA Gulfwind Homes, including all of the officers, agents, and employees of Gulfwind Contracting LLC DBA Gulfwind Homes, 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 9020 and 9000 82nd Ave N, Seminole, FL 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 Gulfwind Contracting LLC DBA Gulfwind Homes, including the officers, agents, and employees of the Gulfwind Contracting LLC DBA Gulfwind Homes. 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, FLQRIDA By: A • proved as to form: Attest: Robert J. urette Assistant • ity Attorney RS/ aLtit, g, l-rr- William B. Horne II City Manager Rosemarie Call City Clerk