Reso 2003-615 - Laserfiche WebLink

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l>-..: ' 3. Terminations of Permit Rights. Except as may be provided in this Amendment, all further rights and obligations of the Permittee to maintain, operate and manage Pier Park (the "Permit Rights "), which were granted by the City by Permittee pursuant to Section 2 of the Permit Agreement, shall terminate upon completion of construction of the Pier Park Improvement, and be of no further force or effect and any specific ingress and egress/access rights originally granted to Permitee under the original Permit are hereby terminated. Notwithstanding the foregoing, those obligations of Permittee under Section 5 of the Permit Agreement, relating to the provisions and payment of a lifeguard, as extended by Resolution No. 2001-400, relating to the provisions and payment of lifeguard are specifically acknowledged, and shall remain in full force and effect until February 1,2005. 4. Parking Spaces and Beach Access. Permittee and the City acknowledge that the Revised Pier Park Plans include the construction and/or re-paving of 29 parking spaces, to be located within Pier Park, which upon completion shall be maintained, operated and managed by the City, and that the City shall be entitled to all revenue derived therefrom. Permittee agrees that, during the construction of the Pier Park Improvements, it shall at all times continue to provide adequate beach access through Pier Park as well as at least 29 parking spaces available for use by the general public, which shall be located, either in whole or in part, within Pier Park or within the parking lot operated by Permittee located on the west side of Collins Avenue. Upon completion of the Project, Permittee shall provide an additional 29 parking spaces within the Project, which shall at all times be made available for valet parking by members of the general public desiring to access the Pier Park beachfront at the same price charged by City at Pier Park. Permittee shall be entitled to retain all fees charged for the use of the parking spaces to be located with in the Project. 5. Access rights. The City hereby reaffirms and grants to Permittee and its successors and assigns, including the owners and occupants of residences in the Project, and their respective guests and invitees, the right to use Pier Park for pedestrian and vehicular ingress and egress to and from the Project specifically, in accordance with Resolution No. 2001-400. Notwithstanding the foregoing, Permittee and its successors and assigns are specifically prohibited from utilizing Pier Park for any construction staging purposes. The Permittee and its successors and assigns hereby agree to indemnify and save the City harmless from any and all claims, liability, losses and causes of action which may arise as a result of this Amended Permit and specifically this paragraph, unless such claim, liability, loss or cause of action is the result of the City's negligence. 6. Permits. Upon its execution of this Amendment and on compliance with all previously imposed conditions set forth in Resolution No. 02-Z-66, the City agrees to immediately issue the building permits required for the Project. 2