The undersigned certifies and agrees as follows:
1) I am the owner (the "Owner") of the above-referenced Property or am the duly authorized representative of the Owner of the Property.
2) Individuals executing this Agreement on behalf of a corporation, partnership or other entity or organization represent and warrant that they are duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms.
3) Owner agrees, as part of the registration, to the fullest extent permitted by law, to indemnify, defend with attorneys and agents of the City’s choice, and hold harmless the City of Seaside (“City”) and its officers, employees, (collectively, the “indemnified parties”) from any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against the one or more of Owner related to the short-term rental, the the indemnified parties or one or more of the indemnified parties and the registration, or the Property’s condition or use. This indemnification is intended to include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Owner, the City, or the parties initiating or bringing such proceeding. This indemnification is intended to include but not be limited to any proceeding arising from any damage, loss, injury or death that may occur during any short-term rental activity at the Property.
4) The Owner agrees to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense counsel and shall of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The Owner shall likewise indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Owner shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.
5) The Owner agree to indemnify the City for all of the City’s costs, fees, and damages incurred in enforcing this indemnification clause.
6) In the event that the Owner is required to defend the City in connection with such proceeding, the City shall retain the right to approve:
a. The attorneys selected to defend the City;
b. All significant decisions concerning the manner in which the defense is conducted; and
c. Any and all settlements. The City shall also have the right not to participate in the defense, except that the City agrees to cooperate with the Applicant in the defense of the proceeding.
7) The defense and indemnification of City set forth herein shall remain in full force and effect throughout all stages of litigation including appeals of any lower court judgments rendered in the proceeding.
8) The Owner agrees that City shall have no liability for any business interruption, punitive, speculative, or consequential damages.