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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 1990 N MCMULLEN BOOTH RDINDEMNIFICATION AGREEMENT This Agreement made and entered into this Oct 15, 2019, 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 1990 N McMullen Booth Rd LLC located at 1990 N McMullen Booth Rd Whereas, the Clearwater Police Department desires to engage in training exercises on the property of 1990 N McMullen Booth Rd LLC property located at 1990 N McMullen Booth Rd from Oct 16, 2019 to Dec 31, 2019; Whereas, the 1990 N McMullen Booth Rd LLC desire(s) an Indemnification Agreement to ensure 1990 N McMullen Booth Rd LLC, the owner(s) of the property located at 1990 N McMullen Booth Rd, is/are protected from any claims arising out of 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 1990 N McMullen Booth Rd LLC, including the officers, agents, and employees. 1990 N McMullen Booth Rd LLC; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend 1990 N McMullen Booth Rd LLC, including all of the officers, agents, and employees of 1990 N McMullen Booth Rd 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 1990 N McMullen Booth Rd. 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 1990 N McMullen Booth Rd LLC, including the officers, agents, and employees of the 1990 N McMullen Booth Rd 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 OF CLEARWATER, FLORIDA Ap '/rove By: LoAtc.A.„ William B. Horne II City Manager to form: Attest: tt Smit Assistant City Attorney RS/ Rosemarie Call City Clerk