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INDEMNIFICATION AGREEMENT TO USE FOR TRAINING PURPOSES AT 10222 MCI DRINDEMNIFICATION AGREEMENT THIS AGREEMENT, made and entered into this 27th day of February 2017, is to clarify the City of Clearwater's liability during the training exercises mentioned herein. WHEREAS, Clearwater Police desire to use for law enforcement training purposes certain real property being more particularly described as: Gateway Technology Center 10222 MCI Dr. Pinellas Park, FL 33782 WHEREAS, Ciminelli Real Estate Services of Florida, LLC, as agent for real property owner, Pinellas Plaza, LLC, desires to have the aforementioned property used for law enforcement training purposes; NOW, THEREFORE, the City of Clearwater agrees as follows: 1. During the training operations permitted on the dates mutually agreed to by the parties to this Agreement, the City of Clearwater agrees to release and hold harmless the real property owner of the above described property and Ciminelli Real Estate Services of Florida, LLC, as agent for Pinellas Plaza, LLC, 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 Gateway Technology Center 10222 MCI Dr., Pinellas Park, FL 33782, 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 the owner of the property, including the officers, agents, and employees of the property owner(s). Nothing herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity. 2. This Agreement shall continue in full force and effect until December 31, 2017. 3. The City of Clearwater hereby certifies that it is self - insured. 4. This Agreement represents the full and complete understanding of the parties and may be modified, amended or altered only by a document in writing signed by the parties hereto. A . proved as to form: Robert J. Assistant ette Attorney CITY OF CLEARWATER, FLORIDA By: W J al c.t. .. 6 . c. William B. Horne II City Manager Attest: Rosemarie Call City Clerk