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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 40 DEVON DRINDEMNIFICATION AGREEMENT This Agreement made and entered into this June 14, 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 Decade Sea Captain LLC located at 40 Devon Dr Whereas, the Clearwater Police Department desires to engage in training exercises on the property of Decade Sea Captain LLC property located at 40 Devon Dr during the month of June 2018; Whereas, the Decade Sea Captain LLC desire(s) an Indemnification Agreement to ensure Decade Sea Captain LLC., the owner(s) of the property located at., Decade Sea Captain 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 Decade Sea Captain LLC, including the officers, agents, and employees. Decade Sea Captain LLC; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend Decade Sea Captain LLC, including all of the officers, agents, and employees of Decade Sea Captain 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 40 Devon Dr. 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 Decade Sea Captain LLC, including the officers, agents, and employees of the Decade Sea Captain LLC. 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 W,La63 William B. Horne II City Manager By: Attest: -tor'. Rosemarie CaII City Clerk