INDEMNIFICATION AND HOLD HARMLESS AGREEMENTINDEMNIFICATION AND HOLD HARMLESS AGREEMENT
This Indemnification and Hold Harmless Agreement is made the 1 lth day of December,
2018 by CLEARWATER MARINE AQUARIUM, INC. (CMA) and the City of Clearwater (the
City).
WHEREAS, CMA is the owner of a movie prop houseboat (vessel) and wishes to use a
portion of the City's Seminole Boat Ramp property (southwest corner) located at 200 Seminole
St., Clearwater, FL 33755 to place a dumpster, erect fenced and, secured area to temporarily
moor the vessel against the City's seawall to dismantle, haul off premises and store the
superstructure of the houseboat between dates of Monday, December 17th, 2018 and Saturday,
December 22nd 2018. The remainder of the vessel and fencing will be removed from the
Seminole Boat Ramp property on or before December 24, 2018; and
WHEREAS, CMA will assume full responsibility for any damages, caused by its work or
presence, to the premises including the parking lot and seawall.
NOW THEREFORE, CMA does hereby indemnify and hold harmless the City and its
officers, employees, agents, and servants, whether they are current or former, from and against
any and all actions, claims, liabilities, assertions of liability, losses, costs and expenses, in law or
in equity, including but not limited to attomey's fees at trial and appellate levels which may be
made against it relating to this activity. All expenses incurred by the City to enforce this
indemnification, including attomey's fees, and all expenses, including attorney's fees, incurred
by the City defending any third -party claims or actions brought against the City related to this
activity will be the sole responsibility of CMA. Nothing contained herein is intended to serve as
a waiver by the City of its sovereign immunity or to extend the liability of the City beyond the
limits set forth in Section 768.28, Florida Statutes.
Approved as to form:
By: Clearwater Marine Aquarium, Inc.
By
Title: Executive VPICOO
Attest:
QG
Michael P. Fuino : Rosemarie Call
Assistant City Attorney City Clerk