|
<br />4. License Fees. Upon the execution of this license agreement, Ocean Two shall
<br />pay the City a lump sum payment of $50,000 for past use of the parking lots by Ocean Two and
<br />other related entity. The monthly license fee for the initial term of this License shall be $10,000,
<br />effective March I, 200 I. The monthly license fee shall be paid in advance, on or before the first
<br />day of each calendar month, under this agreement. The City shall set the monthly license fee for
<br />each renewal period no later than December I SI of each year.
<br />
<br />5. Assi2Dment. This License Agreement may not beassigt1~~<:>~~':l~J~!~Xc9~~~
<br />TW&,-inwholtorin part;wi1hourpriotCwriUen~conserironne-City:..~._- .. .
<br />
<br />6. Indemnification. This Agreement is one of licensing in property and is not a
<br />bailment. Ocean Two shall assume full responsibility for its vehicles and those of its employees,
<br />agents and invitees, and the contents of the vehicles. Ocean Two, as a material part of the
<br />consideration to be rendered to the City under this License Agreement, to the extent permitted by
<br />law, hereby waives all claims against the City, its agents servants or employees for loss, theft or
<br />damage to property and for injuries to persons in, on or about the parking lots or surrounding
<br />property. Ocean Two shall indemnify, defend and hold the City, its employees and public
<br />officials, agents, and servants harmless from, and on account of, any damage or injury to any
<br />person, or to the property, goods, wares and merchandise of any person, arising from the use of
<br />the parking lots by Ocean Two, its agents, servants, employees, contractors, invitees or licensees.
<br />
<br />.('''::.:
<br />
<br />7. Assumption of Risk. Consistent with paragraph six and not in limitation with the
<br />aforementioned paragraph all property belonging to Ocean Two or any user of the parking lots
<br />shall be there at the risk of Ocean Two or such other person only. Except for the deliberate act
<br />of the City or its agent or employees, the City, its employees and public officials, and agents
<br />shall not be liable for injury to persons, or damage to, or theft of, or misappropriation of such
<br />property by any means whatsoever. Ocean Two shall give prompt notice to the City in case of
<br />any such injury, damage, theft, or misappropriation. In case any action or proceeding should be
<br />brought against the City by reason of any obligation on Ocean Two's part to be performed under
<br />the terms of this License or arising from any act or negligence of Ocean Two, or of its agents or
<br />employees, Ocean Two, upon notice from the City, shall defend the City at Ocean Two's
<br />expense, by counsel reasonably satisfactory to the City.
<br />
<br />8. Compliance with Law. Ocean Two shall comply with all applicable county and
<br />city ordinances in fulfilling its responsibilities under this Agreement. The parking lots shall be
<br />used by Ocean Two, its employees, contractors, agents, and invitees, pursuant to such rules and
<br />regulations, as the City shall from time to time promulgate.
<br />
<br />9. Default. In the event of any default by Ocean Two under this License, the City
<br />shall have the right to terminate the License upon thirty (30) days notice.
<br />
<br />10. Leasehold Interest. This License and the rights of Ocean Two shall be and are
<br />made subject and subordinate to the lease agreement between the City and FDOT. In the event
<br />of termination of lease agreement, the City shall be released from any future liability upon any
<br />covenants or conditions, express or implied, herein contained in favor of Ocean Two, and in such
<br />
<br />Parking Licensc .\greement . Ocean T\\"o
<br />
<br />Page 2 of 3
<br />
|