COM 0754.000 1996-1998 - Laserfiche WebLink

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INDEMNITY AGREEMENT BY BEAR'S COFFEE TO THE COUNTY OF HAWAII FOR SIDEWALK CAFE TABLE USE ROBERT P. (PHIL) HENDERSON, dba BEAR'S COFFEE (hereinafter "Bears"), whose business address is 106 Keawe Street, Hilo, Hawaii, states as follows: WHEREAS, Bears operates a coffee shop cafe at 106 Keawe Street in downtown Hilo; and WHEREAS, the sidewalk cafe style tables adds positively to the ambiance of the downtown area; and WHEREAS, Bears is seeking a sidewalk use permit from the Hawaii County Council, pursuant to §22-24, Hawaii County Code; and WHEREAS, §22-25(d), Hawaii County Code, requires that the holder of a sidewalk use permit provide indemnity to the County, in addition to naming the County an additional insured pursuant to §22-25(e). NOW, THEREFORE, BE IT AGREED by Bears that: 1. As a condition of receiving a sidewalk use permit from the County, Bears has named the County an additional insured under its general commercial liability insurance policy as evidenced by Exhibit "A." 2. As a condition of receiving a sidewalk use permit from the County, Bears agrees to indemnify and hold harmless the County, its officers, employees, and agents from all claims, demands, suits, actions or proceedings of every nature, name, character and description, which may be brought against the County, its officers, employees or agents for or on account of death, injuries or damages to any person or property received or sustained by any person by or in consequence of any act or acts of Bears, its owners, employees or agents for actions under the sidewalk permit to the satisfaction of the County. IN WITNESS WHEREOF, Bears has executed this agreement this day of 1997. By ROBERT P. HENDERSON Its Owner