Renovate America, Inc. AGREEMENT BETWEEN
MONROE COUNTY, FLORIDA
AND
RENOVATE AMERICA, INC.
AS AN ADMINISTRATOR FOR THE FLORIDA RESILIENCY
AND ENERGY DISTRICT, AND MONROE COUNTY
This Agreement (the Agreement ") is entered into this 28 day of June,
2018 by and between Monroe County, a political subdivision of the State of Florida (the "Monroe
County ") and Renovate America, Inc., ( "Renovate America "), as a third -party administrator for
the Florida Resiliency and Energy District (the "District ") (collectively, the "Parties ").
WHEREAS, Monroe County and the District have previously entered into that certain
Non - Exclusive Interlocal Agreement dated 2a 18 (the "Interlocal Agreement ") which
authorizes the District to operate within the unincorporated area of Monroe County, for the
purposes of providing a Property Assessed Clean Energy ( "PACE ") program; and
WHEREAS, Renovate America is a third party administrator for the District, and will be
operating on behalf of the District within unincorporated Monroe County; and
WHEREAS, Renovate America has s agreed to provide the County with a separate
indemnification agreement for the benefit of the County.
NOW, THEREFORE, the County and Renovate America hereby agree as follows:
1. The foregoing recitals are incorporated into this Agreement and approved.
2. Renovate America shall indemnify and hold harmless the County and its
officers, employees, agents and instrumentalities from any and all liability, losses or damages,
including attorneys' fees and costs of defense, which the County or its officers, employees,
agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions
or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of this Agreement by Renovate America or its employees, agents, servants, partners,
principals, administrators, subcontractors, or agents Renovate America shall pay all claims and
losses in connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of the County, where applicable, including appellate proceedings, and
shall pay all costs, judgments, and attorney's fees which may issue thereon. Renovate America
expressly understands and agrees that any insurance protection shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the County or its officers,
employees, agents and instrumentalities as herein provided.
3. This Agreement shall be interpreted and construed in accordance with and governed
by the laws of the state of Florida. The Parties agree that the exclusive venue for any lawsuit arising
from, related to, or in connection with this Agreement shall be in the state courts of Monroe
County, Florida, the United States District Court for the Southern District of Florida or United
States Bankruptcy Court for the Southern District of Florida, as appropriate.
[Signature Pages Follow]
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[Signature Page to Indemnification Agreement with Renovate America]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
By:
R man Gastesi, County Administrator
(SEAL)
Attest: Approved as to form:
eitit
Kevin Madok, Clerk and Comptroller Pedro Merca• o, Assistant County A orney
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[Signature Page to Indemnification Agreement with Renovate America]
Renovate America, Inc.
By: to414.4
Nam.. - cott D. McKinl .
Title: Executive Vice President
Date:_ 6 -28 -2018
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