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RELEASE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT <br />THIS AGREEMENT, entered into this `bah day of( ,��� , 2022, <br />by and between the CITY OF CASSELBERRY, a Florida corporation, <br />("City") and BRUNILDA RODRIGUEZ ("Developer" and "Owner"), and <br />BEARWOOD ACADEMY LLC, a Florida limited liability company, Developer's <br />Tenant ("Tenant"). <br />RECITALS: <br />A. Developer is the owner of the property described in Exhibit "A" which is <br />attached hereto and made a part hereof (hereinafter referred to as the "Subject <br />Property"), and is constructing a Day Care Center (the "Project") on the Subject <br />Property, and leasing it to Tenant; and <br />B. Because Developer has not finished constructing the parking lot or the <br />stormwater swale to serve the Project which are required under the Site Plan Approval <br />attached as Exhibit "B", the Developer is not eligible to pass final inspection for the <br />engineering permit, and final inspection is a prerequisite for the occupancy of the Day <br />Care Center; and <br />C. City has agreed to the occupancy of the Day Care Center by Tenant <br />pending passing final inspection for the engineering permit on the condition that <br />Developer complete the Project no later than December 15, 2022, and release, indemnify <br />and hold harmless City in the event the Day Care Center on the Subject Property must be <br />vacated due to the Developer's failure to timely complete the parking lot and the swale in <br />compliance with the engineering permit; and <br />D. Developer and Tenant has agreed to so release, indemnify and hold City <br />harmless, and to timely complete the Project. <br />NOW, THEREFORE, in consideration of the mutual covenants and promises <br />contained herein, the parties agree as follows: <br />1. Recitals. The Recitals are true and correct and are incorporated herein by <br />this reference. <br />2. Release, Hold Harmless and Indemnification Agreement. Developer <br />and Tenant agree to release, hold harmless and indemnify City for any claims, liabilities, <br />losses, obligations, damages, penalties or costs; including, but not limited to, reasonable <br />attorneys' fees, consulting fees, survey fees, demolition fees, utility charges, etc. arising <br />from the occupancy of the Day Care Center prior to passing final inspection for the <br />engineering permit on the Subject Property. This early occupancy may lead to the Tenant <br />