LOCATION RESTORATION RELEASELOCATION RESTORATION RELEASE
Date: January 13, 2011
TO: City of Clearwater, Florida
112 South Osceola Avenue
Clearwater, Florida 33756
RE: "Dolphin Tale" (the "Picture")
SET NAME: INT Nelson House
Reference is made to that certain Business Lease Contract, dated July 29, 2010 and amended
November, 18, 2010 (the "Location Agreement"), between City of Clearwater, Florida, a' Florida
municipal corporation ("Grantor"), and Bottlenose Productions, LLC, a Delaware limited liability
company, having its principal place of business at 10390 Santa Monica Boulevard, Suite 250, Los
Angeles, California 90025 ("Production Company"), with respect to Production Company's use, as
described in the aforesaid Location Agreement, of the property commonly known as the
"Harborview Center" located at 320 Cleveland Street Clearwater, Florida 33756 (the "Property"), in
connection with the Picture.
Now, therefore, in consideration of the premises and mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Grantor and Production Company agree as follows:
Grantor acknowledges that Grantor has inspected the Property upon the completion of
Production Company's use thereof. Grantor agrees that said Property has been
substantially and satisfactorily restored to its prior condition in accordance with the
terms and conditions of the aforesaid Location Agreement. Production Company
represents and warrants that, during the lease term of the Location Agreement, no
injury to persons (other than minor, treatable cuts, bruises and the like) occurred on
the Property, and Production Company shall indemnify and defend Grantor against
any and all liability, damages, costs and expenses, including reasonable outside
attorneys' fees and costs, in connection with any claim or action in connection with
said representation and warranty.
2. Grantor hereby releases Production Company of and from any and all duties and
obligations, and from any and all claims, demands and/or causes of action of any kind
or nature whatsoever which Grantor may have against Production Company (other
than those arising out of Production Company's representations and warranties
hereunder, or a breach thereof) either in connection with the Property, the subject
matter of the Location Contract, or otherwise.
3. This agreement shall be binding upon and shall inure to the benefit of Grantor and
Production Company and Grantor's and Production Company's respective
successors, licensees and assigns and cannot be modified or amended except in
writing signed by Grantor and Production Company.
"DOLPHIN TALE" - CITY OF CLEARWATER, FLORIDA
LOCATION RESTORATION RELEASE (HARBORVIEW CENTER).0
4. This agreement shall be construed and enforced in accordance with the laws of the
State of Florida applicable to agreements of this nature as if entered into and fully
performed in said State, and you hereby consent to the jurisdiction of the Courts of
said State.
5. This release shall in no way be deemed to limit or otherwise affect the rights granted
to Production Company by Grantor under the Location Agreement. In no event shall
Grantor be entitled to enjoin or restrain the production, distribution, advertising or
exploitation of the Picture, or any parts or elements thereof.
IN WITNESS WHEREOF, the undersigned have executed this agreement as of the 13th day
of January, 2011.
BOTTLENOSE PRODUCTIONS, LLC
By:
Name:
Title:
ACCEPTED AND AGREED:
CITY OF CLEARWATER, FLORIDA
By: 2K J- La, u 419. - t
Name: William B. Horne II
Title: City Manager
By:
Name: Frank V. Hibbard
Title: Mayor
Approved as to form:
Attest:
By: By: Z
Name: Laura Mahony Name:
Title: Assistant City Attorney Title:
Rosemarie Call
City Clerk
T4
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"DOLPHIN TALE"-CITY OF CLEARWATER, FLORIDA
LOCATION RESTORATION RELEASE (HARBORVIEW CENTER).0