Miami Certificate of Use Hold Harmless Agreement
Zoning and Building Code Compliance, Pending Code
Enforcement Violations, Open Permits
HOLD HARMLESS AGREEMENT
RE: File No.:
It is hereby agreed and understood by the parties signing below that neither Stewart Title Guaranty Company, nor (title agency) has conducted any searches to ascertain whether the property, the improvements located thereon or any proposed use of the property, complies with applicable City or County Building and Zoning Codes, including, but not limited to, Miami-Dade County Ordinance 08-133, nor to ascertain the existence of any pending code enforcement issues and/or open permits including matters disclosed by any inspection or deficiency report required by the aforesaid ordinance (any such matter or matters which would have been discovered by such searches are hereinafter a "Building and Zoning Matter"). Notwithstanding that we have not assumed any duty to, nor performed any searches, regarding these matters, it has nonetheless come to our attention that there exists a disclosure of findings report (hereinafter the "Disclosed Matter"). It is hereby further agreed and understood by the parties signing below that no insurance coverage regarding any Building and Zoning Matter, including the Disclosed Matter, if any, is being provided by any title policy issued in connection herewith and neither Stewart Title Guaranty Company nor (title agency) is responsible for any fees, costs or expenses arising from the existence of any Building and Zoning Matter, including the Disclosed Matter, if any, including fees, costs or expenses incurred in complying with any City or County Building and Zoning Code. As any Building and Zoning Matter, including the Disclosed Matter, if any, may seriously affect the Buyer's use and enjoyment of the property and entail substantial financial consequences, the Buyer is urged to seek the advice of counsel and/or conduct further due diligence regarding these matters.
It is further agreed and understood that all parties hereto indemnify and hold harmless Stewart Title Guaranty Company and its agent from any fees, costs or expenses arising from the existence of any Building and Zoning Matter, including the Disclosed Matter, if any.
Sellers and buyers acknowledge that this indemnification and hold harmless agreement is a material consideration and inducement to (title agency) to close the sale on and for Stewart Title Guaranty to insure the title to the above described property and that no coverage for said Building and Zoning Matter and/or Disclosed Matter is provided by the owners title insurance policy.
In witness whereof the parties have executed this Agreement this _____ day of_____ 20____.
For issuing guidelines on this form, see Guidelines.