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HomeMy WebLinkAboutexhibitINDEMNIFICATION AND HOLD HARMLESS AGREEMENT TIIIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT ("Agreement") is made day of , 2003, between the City of Miami (the "City), a municipal corporation of the State of Florida, and 1001 N.W. 7th Street Properties, Inc., a Florida corporation ("Owner") for the City Fire Department's use of the parking lot located at 1001 N.W. 7th Street. ("Property") for lawful parking during the Free Trade Area of the Americas (FTAA) negotiations held November 16-22, 2003. NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein and subject to the provisions of Section 768.28, Florida Statutes, and other applicable laws, the City agrees to indemnify, defend and hold harmless Owner and its officials, and employees (the "Indemnitees"), from and against all loss, costs, damages, claims, expenses or liabilities by reason of any injury to or death of any person, or damage to or destruction or loss of any property resulting from, to the extent of or in connection with City's negligence or that of its employees or use of the Property. City shall further indemnify the Indemnitees as to all costs in connection with the defense of any such claims and the investigation thereof arising from the negligence of the City. Notwithstanding the provision above, the City does not indemnify, defend and hold harmless Indemnitees, from and against all loss, costs, damages, claims, expenses or liabilities by reason of any injury to or death of any person, or damage to or destruction or loss of any property resulting from, to the extend of or in connection with, the Indemnitees' negligence. The provisions of this Agreement shall not be a waiver of the provisions of Section 768.28, Florida Statutes. The City Reserves its sovereign immunity and limits of liability under Florida law, which applies to this Agreement. In WITNESS WHEREOF, the undersigned has executed this Agreement. ATTEST: Print Name: Print Title: "OWNER" 1001 N.W. 7th Street, Properties, Inc., a Florida corporation Print Name: Print Title: ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida Priscilla A. Thompson City Clerk Joe Arriola City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Alejandro Vilarello Ramona Fiumara, Acting Administrator City Attorney Risk Management Division