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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES ON THE VACANT HOMER VILLAS PROPERTY (2) INDEMNIFICATION AGREEMENT This Agreement made and entered into this 23rd day of July 2007, by the City of Clearwater is to clarify the City of Clearwater's liability during the Clearwater Police Department's training exercises on the Homer Villas property located at 1884 Betty Lane, Clearwater, Florida. Whereas, the Clearwater Police Department's SWAT team desires to engage in training exercises on the vacant Homer Villas property located at 1884 Betty Lane, Clearwater, Florida during August 1,2007 through August 31,2007; Whereas, the Clearwater Housing Authority (CHA) desire(s) an Indemnification Agreement to ensure that CHA, the owner(s) ofthe property located at 1884 Betty Lane, Clearwater, Florida, 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 the CHA, including the officers, agents, and employees of CHA; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless and indemnify CHA, including all of the officers, agents, and employees of CHA, 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's SWAT team at the property located at 1884 Betty Lane, Clearwater, Florida, 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 CHA, including the officers, agents, and employees of the CHA. 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: .~ /d. ~r:v-. William B. Horne II City Manager RS/ hia E. Goudeau /.--. ./ . City Clerk .