Reso 2008-1246 - Laserfiche WebLink

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The Association shall be entitled to use the Garage on a twenty four (24) hours basis, seven (7) days per week, including holidays. However, if any local, state or federal authority orders due to force majeure or similar event that the Garage be closed, or for any reason whatsoever the Association is prevented from using the parking spaces it is entitled to use herein, or any portion of such spaces, then the City may provide the Association with a proportional rebate or credit if the City is unable to provide spaces to the Association within the parking area located under the William Lehman Causeway. 5. Time of Payment: The amount set forth in Section 4 above shall be paid by installment payments on a monthly basis to the City. Such installment payments shall be sent by the Association to the City no later than the fifteenth day of each month. 6. Insurance: Each party shall maintain adequate insurance to protect against claims related to the respective parties obligation under this Agreement. 7. Arbitration: This First Amendment and the Parking Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. It is the intention of the parties that whenever practical, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. However, if the dispute is not solely between the parties, and a third party is involved, then all parties shall be permitted to proceed to Court so that the entire dispute can be resolved in one proceeding. In the event of arbitration, the decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of any legal proceedings and attorney's fees incurred by the parties shall be paid by the non- prevailing party or, if neither party prevails on the whole, each party may be responsible for a portion of the costs and their respective attorneys' fees as may be determined by the court or arbitrator, in the court or arbitrators discretion. 8. Modification: Any modifications or amendments must be in writing and executed by both parties and must first be approved by the City Commission and the Association's Board of Directors. 9. Conflictine: Provisions: With regard to all issues or terms where there is a conflict between this First Amendment and the original Parking Agreement this First Amendment shall control. 10. Ratification: Except as otherwise amended herein, the September 1994 Parking Agreement shall remain unchanged. 11. Maintenance costs in the event of non-renewal: In the event of non- renewal, the Parties shall be governed by the terms of the original Parking Agreement. First Amendment to Parking Agreement