Reso 2014-2335 - Laserfiche WebLink

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6. Improvements, No structures or improvements of any kind shall be placed upon the Property without prior written approval of the City. 7. Maintenance. Marenas $ball 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. Indemndleation. This Agreement is one of licensing ofproperty and is not a iiaihnent 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. Marenas, 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, Marenas shall indemnify, defend and hold the City, its employees and public officials, agents, and servants barmles3 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 rof•the Property by patrons of Marenas Resort. Marenas agrees to add the City as an additional insured under its general liability insurance policy. 9. Assumption of Risk, All property belonging to Marenas or any of their parking patrons of the Property authorized under this Agreement shall be there at'the risk of Marenas or such other person only. Except for the intentional or sole 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 tinder this Agreement. Marenas shall give prompt notice to the City in case of any such injury, damage, then, or misappropriation; In case any action or proceeding should be brought against the City by, reason of any obligation on Marenas' part to be performed under the terms of this Agreement of arising from any alleged act or negligence of Marenas, :or of its agents or employees, Marenas, upon notice from the City, shall defend the City at Marenas' expense, by counsel reasonably satisfactory to the City. 10. Coro liance with Law. Marenas shall comply with all applicable state, county and City laws and ordinances in fulfilling its responsibilities under this Agreement Marenas agrees that the Property shall only be used by its employees, contractors, agents, slid invitees, to accommodate potential'ove?flow parking from patrons of the Marenas Resort. IL Termination. ' Either party shall have the right to immediately terminate this Agreement without cause upon written notice to the other party. 12. Attornevs Fees,. In the event of any dispute arising out of or related to this Agreement, the-prevailing party shall be entitled to receive from the other party the reasonable attorneys' fees, costs and disbursements and court costs incurred by the prevailing party through the trial and all appellate levels and including any of same incurred in connection with enforcement of judgments and other collection costs.