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<br />-' <br /> <br />Attachment number 2 <br />Page 7 of 13 <br /> <br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />for the benefit of the City and Offshore Events shall submit same to the City Manager prior to <br />the Race. <br /> <br />10. Indemnification and Hold Harmless. Offshore Events agrees to indemnify, hold <br />harmless and defend the City, including its officers, agents and employees, from and against any <br />loss, damage or expense (including all costs and reasonable attorney's fees) suffered by City <br />from (a) any breach from Offshore Events of this Agreement, (b) any inaccuracy in or breach of <br />any of the representations, warranties of covenants made by Offshore Events herein, (c) any <br />claims, suits, actions, damages or causes of action arising during the term of this Agreement for <br />any personal injury, loss of life or damage to property sustained by reason or as a result of the <br />use of the property by Offshore Events' agents, employees, invitees, and all other persons, and <br />(d) any claims, suits, actions, damages or causes of action of any kind whatsoever arising during <br />the term of this Agreement for any personal injury, loss of life or property damage sustained by <br />reason of this Agreement, its execution and/or its performance by Offshore Events or the <br />participants in the Race. <br /> <br />Such obligation to indemnify, hold harmless and defend shall continue notwithstanding <br />any negligence or comparative negligence on the part of the City relating to such loss or damage <br />and shall include all costs, expenses and liabilities incurred by the City in connection with any <br />such claim, suit, action or cause of action, including the investigation thereof and the defense of <br />any action or pn?ceeding brought thereon and any order, judgment or decree which may be <br />entered in any such action or proceeding or as a result thereof. Nothing in this Agreement shall <br />be construed to affect in any way the City's rights, privileges, and immunities under the doctrine <br />of sovereign immunity and as set forth in Section 768.28, Florida Statutes. <br /> <br />11. Medical, Patrol, Turn, Tow, Pace and Course Set Boats. Offshore Events shall <br />provide a minimum of four (4) medical and ten (IO) patrol boats for test only days. Offshore <br />Events shall provide a minimum of eight (8) medical, ten (IO) patrol, one (I) turn boat per race <br />course turn, and a minimum of 3 Pace Boats during race days. Offshore Events shall be in total <br />control of all paceboats, crews and times on the water during race days. The City may not sell the <br />right to be a paceboat without the express written permission of Offshore Events. All committee <br />boats are to have a flag at least 12 "x 18" to identify it as an official race support vessel. Other <br />equipment details for boats are contained in Offshore Event's Race Handbook. <br /> <br />12. Race Course Set Up. Offshore Events will furnish a vessel with a Captain <br />and 2 additional crew members along with all supplies needed to set up the race course and <br />spectator lines. Offshore Events will furnish at its own expense the turn buoys. Details of the <br />course are located in Offshore Event's Race Handbook. The Offshore Events Chief Starter will <br />assist with the course set up. <br /> <br />13. Medical and Safety Teams. <br /> <br />Offshore Events shall provide, at its own cost, medical and safety teams <br />including water rescue divers at levels acceptable and approved by the City of Sunny Isles <br />Beach Police Department. <br /> <br />OFFSHORE EVENTS Powerboat Racing Agreement <br /> <br />7 <br /> <br />Agenda Item No. JOe <br />Date7b'2 1/20 I 0 <br />Page <br /> <br />70 <br />