Reso 2018-2868 - Laserfiche WebLink

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RECEIVED INDEMNIFICATION AGREEMENT BETWEEN CITY OF SUNNY ISLES BEJ II 1 2019 AND City of Sunny isles Beach YGRENE ENERGY FUND FLORIDA LLC, Office of the City Manager THIRD PARTY ADMINISTRATOR FOR THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE)DISTRICT THIS AGREEMENT (the "Agreement") is entered into this 19th day of December, 2018 by and between Ygrene Energy Fund Florida LLC, ("Ygrene")the third party administrator of the Green Corridor Property Assessment Clean Energy (PACE) District (the "District"), and the City of Sunny Isles Beach, a political subdivision of the State of Florida(the "City") (collectively, the "Parties"). to enter into an agreement to authorize WHEREAS,the Cityand the District have proposed � the.District to operate within the boundaries of the City for the purposes of providing a Property Assessed Clean Energy (PACE) program; and WHEREAS, Ygrene is the third-party administrator for the District, and Ygrene would be operating on behalf of the District within the City; and WHEREAS, Ygrene is a Florida limited liability corporation; and WHEREAS, Ygrene has agreed to provide the City with a separate indemnification agreement for the benefit of the City. NOW, THEREFORE, the City and Ygrene hereby enter into the following Agreement: 1. The foregoing recitals are incorporated into this Agreement and approved. 2. Ygrene shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by Ygrene or its employees, agents, servants, partners, principals, administrators, subcontractors, or agents. Ygrene shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Ygrene expressly understands and agrees that any insurance protection shall in no way limit the responsibility to indemnify,keep and save harmless and defend the City or its officers,employees, agents and instrumentalities as herein provided. 3. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida.The Parties agree that the exclusive venue for any lawsuit arising from,