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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 410 AND 420 HAMDEN DRIVEINDEMNIFICATION AGREEMENT This Agreement made and entered into this 01/30/2018, 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 AP Beach Property LLC located at 410 and 420 Hamden Drive Whereas, the Clearwater Police Department desires to engage in training exercises on the property of AP Beach Property LLC property located at 410 and 420 Hamden Drive during the time period of Feb 1 — April 30, 2018; Whereas, the AP Beach Property LLC desire(s) an Indemnification Agreement to ensure AP Beach Property LLC., the owner(s) of the property located at., AP Beach Property LLC, 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 AP Beach Property LLC, including the officers, agents, and employees. AP Beach Property LLC; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend AP Beach Property LLC, including all of the officers, agents, and employees of AP Beach Property LLC, from any claim, Toss, 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 410 and 420 Hamden Drive. 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 AP Beach Property LLC, including the officers, agents, and employees of the AP Beach Property LLC. Nothing herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity. CITY O'F/CL•EARWATER, F)'L41 ORIDA By: I� 1 J X4 -4 R 4.. R. William B. Horne II City Manager Attest: a�L� f Li`l ter--4(- 'Rosemarie Call Assistant City Attorney City Clerk RS/