Reso 2025-3935 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax person, arising from the use of the Property by Chabad, including but not limited to, its employees, congregants, patrons, invitees, and guests. Chabad agrees to add the City as an additional insured under its general liability insurance policy, and shall provide a copy to the City within ten (10) days from the execution of this Agreement. 10. Assumption of Risk. All property belonging to Chabad or any of its parking patrons and invitees of the Property authorized under this Agreement shall be at the sole risk of Chabad or such other person only. Except for the intentional or sole negligent actions of the City or its agents, or employees, the. City, its employees, 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. Chabad shall give prompt notice to the City 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 Chabad's part to be performed under the terms of this Agreement or arising from any act or negligence of Chabad, or of its officers, agents or employees, upon notice from the City, shall defend the City at Chabad's expense, by counsel reasonably satisfactory to the City. 11. Compliance with Law. Chabad shall comply with all applicable state, county, and City laws and ordinances in fulfilling its responsibilities under this Agreement. 12. Assignability and Sub -licensing. Chabad shall neither assign this Agreement nor sub- license any portions of the Property. 13. Termination. Either party shall have the right to terminate this Agreement with immediate effect, and without prior notice. 14. Attorneys' 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. 15. Binding. The provisions of this Agreement shall be binding upon the Parties thereto and their respective successors and/or assigns. 16. Reservation. City hereby reserves all rights of ownership in and to the Property which are not inconsistent with the Agreement, including without limitation: (a) the right to grant further non-exclusive licenses on and within the Property, and (b) the right to use the Property for all uses not interfering or inconsistent with the uses permitted herein. 17. Representation of Authority. Chabad represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of Chabad, and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that Chabad has with any third party or violates any law, rule, regulation, or duty ' arising in law or equity applicable to Chabad. Chabad further represents and warrants that execution of this Agreement is PARKING LICENSE AGREEMENT — CHABAD LUBAVITCH RUSSIAN CENTER OF SOUTH FLORIDA Page 3 of 6 381