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INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 1329 DREW STREETINDEMNIFICATION AGREEMENT This Agreement made and entered into this 01/17/2020, 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 Rutenberg Homes located at 1329 Drew Street Whereas, the Clearwater Police Department desires to engage in training exercises on the property of Rutenberg Homes property located at 1329 Drew Street during the January 17th, 2020 - February 29th, 2020; Whereas, the Rutenberg Homes desire(s) an Indemnification Agreement to ensure Rutenberg Homes., the owner(s) of the property located at. 1329 Drew Street, Rutenberg Homes, 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 Rutenberg Homes, including the officers, agents, and employees. Rutenberg Homes; Now, therefore, the City of Clearwater agrees as follows: The City of Clearwater will hold harmless, indemnify and defend Rutenberg Homes, including all of the officers, agents, and employees of Rutenberg Homes, from any claim, loss, damage, cost, or expense, including attomey'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 1329 Drew Street except that neither the City of Clearwater nor its agents or employees shall be liable for any claim, loss, damage, cost, expense, or attomey's fees arising out of the training exercises that are attributable to any error, omission, or negligent act by Rutenberg Homes, including the officers, agents, and employees of the Rutenberg Homes. Nothing herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity. CITY QF CLEARWATER, FLORIDA By: U) ..4,% A. 140 -14A4) --x William B. Horne II City Manager AP • ove as,� o Attest: a Smith Assistant City Attorney RS/ /Rosemarie CaII City Clerk