Reso 2014-2193 - Laserfiche WebLink

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4. Term. This agreement shall remain in effect on a month to month basis, with a total maximum term length not to exceed five (5) years. This Agreement shall commence on the date the last party signs this agreement (the "Effective Date "). This agreement may be canceled by the City if its agreement with FDOT is terminated or if Regalia fails to timely send any monthly fee to the City. 5. Costs and approval of parking signs. Regalia shall reimburse to the City the costs associated with constructing and placing signs stating that the parking spaces on the Property shall only be utilized by Regalia's employees, contractors, subcontractors, agents. representatives and invitees in order to accommodate potential overflow parking in connection with the Project. 6. Improvements. No structures or improvements of any kind shall be placed upon the Property without prior written approval of the City. 7. Maintenance. Regalia shall keep and maintain the parking spaces licensed under this Agreement within the Property in good and clean condition, including the regular removal of all litter and trash. 8. Indemnification. This Agreement is one of licensing of property and is not a bailment. The parties agree that the City shall not assume any responsibility for the vehicles licensed to be parked within the Property under this Agreement and the contents therein. Regalia, as a material part of the consideration to be rendered to the City under this Agreement, to the extent permitted by law, hereby waives all claims against the City, its agents servants or employees for loss, theft or damage to vehicles licensed to be parked within the Property under this Agreement and the contents therein. To the extent permitted by law, Regalia shall indemnify, defend and hold the City, its employees and public officials, agents, and servants harmless from, and on account of, any damage or injury to any person, or to the property, goods, wares and merchandise of any person, arising from the use of the Property by Regalia's employees, contractors, subcontractors, agents, representatives and/or invitees in order to accommodate potential overflow parking in connection with the Project. Regalia agrees to add the City as an additional insured under its general liability insurance policy. 9. Assumption of Risk. All property belonging to Regalia or any of their parking patrons of the Property authorized under this Agreement shall be at the risk of Regalia or such other person only. Except for the intentional or sole negligent actions of the City or its agent or employees, the City, its employees and public officials, and agents shall not be liable for injury to persons, or damage to, or theft of, or misappropriation of such property by any means whatsoever resulting from the use of the Property under this Agreement. Regalia shall give prompt notice to the City in case of any such injury, damage, theft, or misappropriation. In case any action or proceeding should be brought against the City by reason of any obligation on Regalia's part to be performed under the terms of this Agreement or arising from any act or negligence of Regalia, or of its agents or employees. Regalia, upon notice from the City, shall defend the City at Regalia' expense, by counsel reasonably satisfactory to the City.