§ 66-55. Indemnification and liability.

(a)

By reason of the acceptance of a registration or the grant of a permit, the village does not assume any liability:

(1)

For injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the village;

(2)

For claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of facilities by registrants or activities of registrants.

(b)

By registering with the department a registrant agrees, or by accepting a permit a permittee is required, to defend, indemnify, and hold the village whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its facilities, whether any act or omission complained of is authorized, allowed, or prohibited by a permit. The foregoing does not indemnify the village for its own negligence or intentional acts, provided, however, that the village's right to indemnification shall not be affected by the issuance of permits and inspection of plans or work by the village. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the village; and the registrant, in defending any action on behalf of the village, shall be entitled to assert in any action every defense or immunity that the village could assert in its own behalf. Nothing herein shall be construed as a waiver of the protections, limitations and immunities provided in F.S. § 768.28.

(c)

This indemnification obligation is not limited in any way by a limitation of the amount or type of damages or compensation payable by or for the registrant under workers' compensation, disability or other employee benefit acts, or the acceptance of insurance certificates required under this article, or the terms, applicability or limitations of any insurance held by the registrant.

(d)

The village does not and shall not waive any rights against the registrant which it may have by reason of this indemnification, or because of the acceptance by, or the registrant's deposit with the village of any of the insurance policies required by this article for registration.

(e)

This indemnification by the registrant shall apply to all damages and claims for damages of any kind suffered by reason regardless of whether such insurance policies shall have been determined to be applicable to any such damages or claims for damages.

(Ord. No. 2015-28, § 3, 9-25-2015)