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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 720 BAY ESPLANADEINDEMNIFICATION AGREEMENT This Agreement made and entered into this Nov 28, 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 Jim McGuiness located at 720 Bay Esplanade Whereas, the Clearwater Police Department desires to engage in training exercises on the property of Jim McGuiness property located at 720 Bay Esplanade during the period from Nov 28, 2018 to Dec 30 2018; Whereas, Jim McGuiness desire(s) an Indemnification Agreement to ensure Jim McGuiness., Jim McGuiness(s) of the property located at., 720 Bay Esplanade, 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 Jim McGuiness, including the officers, agents, and employees. Jim McGuiness; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend Jim McGuiness, including all of the officers, agents, and employees of Jim McGuiness, 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 720 Bay Esplanade. 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 Jim McGuiness, including the officers, agents, and employees of the Jim McGuiness. 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: JAWArt Rosemarie Call ti :.`o /'� fir. illiam B. Horne II City Manager City Clerk