Reso 2010-1505 - Laserfiche WebLink

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.. 4. License Fee. Avila North shall pay a flat rate of $1 ,800.00 (one thousand eight hundred dollars) per month for use of the City Facility, commencing on the Effective Date. 5. Adiustment to Number of Parkin!!: Spaces. Avila North anticipates that, as of the Effective Date and for the 90 (ninety) calendar days thereafter, no more than 30 (thirty) parking spaces located within the City Facility will need to be used by residents of Avila North. However, the number of parking spaces licensed to Avila North during this period may be adjusted upward based on an agreement in writing between the City and Avila North. In such an event, the parties shall be required to execute an amendment to this agreement memorializing said understanding. 6. Term. Unless otherwise terminated by written instrument signed by both parties, this Agreement shall remain in full force and effect from the Effective Date of this agreement until 90 (ninety) days afterwards (the "Termination Date"), i.e. from December 1, 2009, until March 1,2010. This term may only be extended based on mutual agreement in writing between the parties. 7. Assi!!:nment. This Agreement may not be assigned by Avila North, in whole or in part, without prior written consent of the City. 8. Improvements. No structures or improvements of any kind shall be placed upon the City Facility without prior written approval of the City. 9. Maintenance. The City shall keep and maintain the parking spaces licensed under this Agreement within the City Facility in good and clean condition, including the regular removal of all litter and trash. 10. Indemnification. This Agreement is one of licensing of property and is not a bailment. Avila North shall assume full responsibility for the vehicles licensed to be parked within the City Facility under this Agreement and the contents therein. Avila North, 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 City Facility under this Agreement and the contents therein. To the extent permitted by law, Avila North shall indemnify, defend and hold the City, its employees and public officials, agents, and servants harmless 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 of the City Facility by Avila North, its agents, servants, employees, contractors, invitees or licensees. 11. Assumption of Risk. All property belonging to Avila North or any user of the City Facility authorized under this Agreement shall be there at the risk of A vila North or such other person only. Except for the intentional or negligent act of the City or its agents 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. A vila North shall give prompt notice to the City in case 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 Avila North's part to be performed under the terms of this Agreement or arising from any act or negligence of Avila North, or of its agents or employees, 2