Reso 2014-2233 - Laserfiche WebLink

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neither the DEVELOPER nor the OWNER shall not be entitled to any future credit on this property, Building, or Improvement. 11. OWNER and DEVELOPER further agree that by the execution of this Agreement, and in consideration of the mutual benefits contained herein, the OWNER and DEVELOPER waive any and all legal claims against the CITY regarding the fire flow demand charge imposed for the Building. 12. Notwithstanding other provisions of this Agreement, it is understood by both parties that this Agreement is contingent upon the issuance of a building permit to DEVELOPER by the appropriate governmental authorities of Miami -Dade County and/or other governmental authorities and DEVELOPER's commencement of construction of the Building. Should said building permit not be obtained or construction of the Building not be commenced within 120 days from the date hereof, this Agreement may be terminated by CITY at any time thereafter upon written notice to the OWNER, provided that OWNER and/or DEVELOPER shall pay all engineering, legal or other costs, other than routine administrative costs which may have been incurred by the CITY in relation to this Agreement, up to the time of receipt of such written notice by the CITY. 13. OWNER and DEVELOPER shall hold the CITY and its officers, agents and employees harmless from all suits, claims or liabilities of any nature, including attorney's fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting from activities or omissions of the OWNER and DEVELOPER, its agents, employees, guests or invitees related in any way to the use, maintenance, repair, or failure of operation of the services; and if judgment be rendered or settlement made requiring payment of damages by CITY, which damages are based on the activities or omissions of OWNER and DEVELOPER, its agents, employees, guests or invitees, the OWNER and DEVELOPER shall pay the same. 14. OWNER and DEVELOPER shall indemnify and hold CITY and CITY'S directors, officers, employees and agents harmless from any and all claims, including but not limited to claims for damage to property or personal injury, resulting from or in connection with the work performed or the services provided under this Agreement. Where the CITY seeks indemnification from DEVELOPER under the terms of this provision, DEVELOPER shall be responsible for any compensable damages as well as attorney's fees and court costs, except that which is the result of the gross negligence of the CITY. 15. By signing this Agreement, DEVELOPER warrants that it is a limited liability company in good standing in the State of Florida, that the person signing on DEVELOPER's behalf is authorized to do so and shall bind DEVELOPER and that execution of this Agreement shall not put DEVELOPER in breach of any other agreement, including, but not limited to, financing or security arrangements. Page 4 of 7