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privately owned, may sustain or receive by reason of Lessee's use of the subject property <br />or any improvements and equipment located thereon. Lessee shall not make any claim <br />of any kind or character whatsoever against the County for damages that it may suffer by <br />reason of the installation, construction, reconstruction, operation, and/or maintenance of <br />any public improvement, or utility, whether presently in place or which may in the future be <br />constructed or installed, including but not limited to, any water and/or sanitary sewer mains <br />and/or storm sewer facilities, and whether such damage is due to flooding, infiltration, <br />backflow, and/or seepage caused from the failure of any installation, natural causes, or <br />from any other cause of whatsoever kind or nature. It is the intention of this indemnity <br />agreement on the part of Lessee, and a condition of this lease, that it shall be full and total <br />indemnity against any kind or character of claim whatsoever that may be asserted against <br />the County by reason of, or as a consequence of having granted permission to Lessee to <br />use and maintain the above described premises. Lessee hereby agrees to defend any and <br />all suits, claims, or causes of action brought against the County on behalf of the County <br />by reason of, or as a consequence of having granted permission to Lessee to use and <br />maintain the above described premises, and pay any judgment or judgments that may be <br />rendered against the Lessor in connection therewith. <br />10. The Lessee's use of the leased facilities shall provide services to the <br />homeless and indigent and will be generally open to the public during regular business <br />hours and be designed to serve the homeless and indigent communities of Indian River <br />County; provided, however any use shall be a use authorized under the Land Development <br />Regulations and comprehensive plan of the City of Vero Beach. <br />6 <br />