INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISE AT 19329 AND 19355 US HWY 19 NINDEMNIFICATION AGREEMENT
This Agreement made and entered into this 12/19/2017, 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 HIG -BB Clearwater Owner, LLC and Kimmins Contracting Corporation located at 19329
and 19355 US Highway 19 N.
Whereas, the Clearwater Police Department desires to engage in training exercises on the
property of HIG -BB Clearwater Owner, LLC and Kimmins Contracting Corporation property located at
19329 and 19355 US Highway 19 N during the period from January 1, 2018 to March 30, 2018;
Whereas, the HIG -BB Clearwater Owner, LLC and Kimmins Contracting Corporation desire(s)
an Indemnification Agreement to ensure HIG -BB Clearwater Owner, LLC., the owner(s) of the
property and Kimmins Contracting Corporation, the custodians of the property located at., 19329 and
19355 US Highway 19 N, 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 HIG -BB Clearwater Owner, LLC, or Kimmins Contracting Corporation
including the officers, agents, and employees. HIG -BB Clearwater Owner, LLC and Kimmins
Contracting Corporation;
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless, indemnify and defend HIG -BB Clearwater Owner, LLC and
Kimmins Contracting Corporation including all of the officers, agents, and employees of HIG -BB
Clearwater Owner, LLC, and Kimmins Contracting Corporation 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 19329 and 19355 US Highway 19 N. 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
HIG -BB Clearwater Owner, LLC, and Kimmins Contracting Corporation including the officers, agents,
and employees of the HIG -BB Clearwater Owner, LLC and Kimmins Contracting Corporation. Nothing
herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes or the
doctrine of sovereign immunity.
Assistant City Attorney
RS/
CITY OF CLEARWATER, FLORIDA
By: �.u-�%f1/iA6o Ac Far
iam B. Horne II
City Manager
Attest:
icza /It a,t (c.: 0 Z.V
Rosemarie Call
City Clerk