HomeMy WebLinkAboutCape Caribe Hold Harmless 2005 HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
THIS AGREEMENT, entered into on the last date signed below by and between CAPE
CARIBE, INC., a Florida corporation (hereinafter "Indemnitor ") and the CITY OF CAPE
CANAVERAL, a Florida municipal corporation (hereinafter "City"), and the parties agree as
follows:
WITNESSET H:
WHEREAS, the Indemnitor was found in violation of Sections 94 -64(g) & (f) of the City
Code relating to the placement and size of its ground sign on its property at the southeast corner of
Shorewood Drive and George King Boulevard; and
WHEREAS, the City's code enforcement board found that Indemnitor's non - compliance
was due in part to errors which occurred during the City's plans review process, and determined that
at this time, the only way for Indemnitor to comply would be for the removal of the existing sign and
to construct a new compliant sign, which would take time and significant expense to Indemnitor; and
WHEREAS, the Indemnitor has agreed to bring its property into compliance but has asked
for time to explore its options relating to obtaining such compliance; and
WHEREAS, the City's code enforcement board agreed to provide Indemnitor up to one (1)
year in which to obtain compliance, provided the Indemnitor entered into this Agreement; and
WHEREAS, the Indemnitor agrees to indemnify and hold harmless the City for any and all
claims, liability, damages, or expenses, as provided more thoroughly below, arising from the location
of the Indemnitor's ground sign.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties covenant and agree as follows:
1. Recitals. Foregoing recitals are true and correct and are incorporated herein by this
reference.
2. Indemnification. The Indemnitor agrees to the fullest extent permitted by law, to
indemnify and hold harmless the City and its officials, officers, employees, and attorneys from and
against all claims, losses, damages, personal injuries (including but not limited to death), or liability
(including reasonable attorney's fees through any and all administrative, trial and appellate
proceedings) directly or indirectly arising from the location of Indemnitor's ground sign at the
southeast corner of Shorewood Drive and George King Boulevard in the City of Cape Canaveral.
The indemnification provided above shall obligate the Indemnitor to defend at its own
expense or to provide for such defense, at the option of the City, as the case may be, of any and all
claims of liability and all suits and actions of every name and description that may be brought against
the City or its officials, officers, employees and attorneys arising from the placement and size of the
sign in violation of the above ordinance. In all events, the City shall be permitted to choose legal
counsel of its sole choice, the fees for which shall be subject to and included with this
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indemnification provided herein, as long as said fees are no greater than at a rate of $200 per hour.
3. Sovereign Immunity.Nothing contained in this Agreement shall be construed as a
waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other
limitations imposed on the City's potential liability under state or federal law.
4. Choice of Law/Venue. This Agreement is made and shall be interpreted,
construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any
state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation
shall be Orlando, Florida.
Witnesses: INDEMNITOR
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Print:
Print Name: / TA f Io S S- Aaorew rAus3 V' Cgs :OE.",
Date: - €.cf -,ti 6e� i7 , 20oV
On Name: (-A-(LP, it IUDWN9
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STATE OF FLORIDA
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COUNTY OF BREVARD
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
flnogEw 7•flrM as v. ec PrES:o&nt who was known to me to be the person described in
or o produced as identification and who executed the foregoing i
g g nstrument
and he acknowledged before me that he executed the same.
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WITNESS my hand and official seal in the County and State last aforesaid this 17fh
day of DEC Ern 4E R , 20 -
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a° `• � Barbara Downey
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Attest: CITY OF CAPE CANAVERAL
- - -. . . __— — — ? /. • ." ' - - -�`, . , �— By: G�� `� (RiZIP...4-12&&
Sus ty Clerk Rocky Randels, Mayor
Date: '4 SR la V AC `�'� , 2005
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