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The parties hereto, to the extent permitted by law and without waiving the limits of <br />sovereign immunity as set forth in section 768.28, Florida Statutes, agree to indemnify, defend and <br />hold harmless each other and their respective elected officials, officers, and employees against any <br />claim, action, loss, damage, injury, liability, cost or expense, including, but not by way of <br />limitation, reasonable attorneys' fees and court costs, arising out of injury to persons, including <br />but not limited to death, or damage to property, caused by the negligence of the indemnifying party <br />in connection with this Agreement. <br />The undersigned hereby covenants and warrants that Grantor owns the said land described <br />herein and the undersigned, as or on behalf of Grantor, has the right to grant this Easement. <br />IN WITNESS WHEREOF, the Grantor has duly authorized and caused this Indenture to <br />be executed in its name as of the day and year first herein written. <br />GRANTOR: <br />ATTEST: CITY OF VERO BEACH, a Florida <br />municipal corporation <br />By: <br />Tammy K. Bursick Monte K. Falls, P.E. <br />City Clerk City Manager <br />Seal: Date: <br />ADMINISTRATIVE REVIEW <br />(For Internal Use Only—Sec. 2-77 COVB Code) <br />Approved as to form and legal sufficiency: <br />John S. Turner <br />City Attorney <br />Approved as to technical requirements: <br />Matthew T. Mitts, P.E. <br />Director, Public Works <br />Page 2of3 <br />NAClient Docs\DepartmentsTublic Works\EASEMENTS\2021.11.22.Access.South.Beach.Park.COVB.IRC.doex <br />123 <br />