INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 619, 629 AND 631 MANDALAY AVEINDEMNIFICATION AGREEMENT
This Agreement made and entered into this 14 Nov 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 Bayway Florida Hotel LLC located at 619, 629 and 631 Mandalay Ave.
Whereas, the Clearwater Police Department desires to engage in training exercises on the
property of Bayway Florida Hotel LLC property located at 619, 629 and 631 Mandalay Ave during
the November 21, 2018;
Whereas, the Bayway Florida Hotel LLC desire(s) an Indemnification Agreement to ensure
Bayway Florida Hotel LLC., the owner(s) of the property located at., Bayway Florida Hotel 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
Bayway Florida Hotel LLC, including the officers, agents, and employees. Bayway Florida Hotel
LLC;
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless, indemnify and defend Bayway Florida Hotel LLC,
including all of the officers, agents, and employees of Bayway Florida Hotel 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 619, 629 and 631 Mandalay Ave. 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 Bayway Florida Hotel LLC, including the officers, agents, and employees of the
Bayway Florida Hotel 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
By:
Attest:
William B. Horne II
City Manager
Rosemarie CaII
City Clerk