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19-3075 Wirz Park Little League Agreement
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19-3075 Wirz Park Little League Agreement
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1/17/2019 9:21:11 AM
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1/17/2019 9:21:06 AM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
1/14/2019
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than the City) in those reentered areas, the City may remove the personal property and place it in <br />a public warehouse at the expense and risk of the owners of the property. The Youth Organization <br />shall reimburse the City for any expense incurred by the City in conjunction with any removal or <br />storage. <br />Upon termination by the City, all rights, powers, privileges and authority granted to the <br />Youth Organization under this Agreement shall immediately cease and the Youth Organization <br />shall vacate the premises immediately. <br />The remedies provided the City upon termination shall not be considered to be exclusive <br />but instead shall be cumulative and shall not affect any other right or remedy available to the City. <br />2.Patent Indemnity — To the fullest extent permitted by law, the CONTRACTOR (OR <br />CONSULTANT) shall indemnify, hold harmless and defend the CITY, its agents, servants, and <br />employees, or any of them, from and against all claims, damages, losses, and expenses including, <br />but not limited to, attorneys' fees and other legal costs such as those for paralegal, investigative, <br />and legal support services, and the actual cost incurred for expert witness testimony, arising out of <br />or resulting from the performance of services required under this Agreement, provided that same <br />is caused in whole or part by the error, omission, negligent act, conduct, or misconduct of the <br />CONTRACTOR, its agents, servants, employees, or subcontractors. In accordance with Section <br />725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this <br />obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing <br />herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in <br />Section 768.28, Florida Statutes. In claims against any person or entity indemnified under this <br />section by an employee of CONTRACTOR or its agents or subcontractors, anyone directly or <br />indirectly employed by them or anyone for whose acts they may be liable, the indemnification <br />obligation under this Subsection shall not be limited by a limitation on amount or type of damages, <br />compensation or benefits payable by or for CONTRACTOR or its agents or subcontractors, under <br />Workers' Compensation acts, disability benefits acts, or other employee benefit acts. <br />3. This agreement, or any part of this agreement, may not be assigned without prior <br />approval of the City. <br />4. No Partnership. Nothing contained herein shall make or be deemed to make the City <br />and the Youth Organization a partner of one another, and this Agreement shall not be construed as <br />creating a partnership or joint venture between any of the parties to the Agreement, or between <br />any of the parties referred to in the Agreement. <br />M <br />
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