INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 400 GULF BLVDINDEMNIFICATION AGREEMENT
This Agreement made and entered into this(;,( 4(1,()41 4 7 , 2023 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 Enchantment, LLC., located at 400 Gulf
Boulevard, Indian Rocks Beach, FL.
Whereas, the Clearwater Police Department desires to engage in training exercises
on the property of Enchantment, LLC., located at 400 Gulf Boulevard, Indian Rocks
Beach, FL, on January 25th, 2023.
Whereas, Enchantment, LLC., desires an Indemnification Agreement to ensure
Enchantment, LLC., the owner(s) of the property located at 400 Gulf Boulevard, Indian
Rocks Beach, 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 Enchantment, LLC., including the officers, agents, and
employees.
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless, indemnify, and defend Enchantment LLC.
including all the officers, agents, and employees of Enchantment, LLC., from any claim,
Toss, 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 400 Gulf
Boulevard, Indian Rocks Beach, FL. 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 Enchantment, LLC., including the officers, agents, and
employees of Enchantment, LLC.. Nothing herein shall be construed to waive or modify
the provisions of Section 768.28, Florida Statutes, or the doctrine of sovereign immunity.
Countersigned:
Frank Hibbard
Mayor
Approved as to form:
Melissa Isabel
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
'Jennifer Poirrier
Interim City Manager
Attest:
Rosemarie Call
City Clerk