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<br />paid in advance, on or before the first day of each calendar month under this Agreement. The
<br />Effective Date of this Agreement shall be the first day of the calendar month following the final
<br />approval of the Permit by the Sunny Isles Beach City Commission.
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<br />4, Adiustment to Number of Parking Space~, During the first three (3) years of
<br />this Agreement, the City shall license to Fortune the right to use twenty (20) parking spaces at
<br />the City Facility. Thereafter, the City shall license to Fortlme the right to use an additional forty
<br />(40) parking spaces at the City Facility.
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<br />5, Term, Unless otherwise terminated by written instrument signed by both parties,
<br />this Agreement shall remain in effect, so long as the Permit to operate the Beach Club is cunent
<br />and in effect, unless otherwise terminated by written instrument signed by both parties.
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<br />6, Assi!!nment. This Agreement may not be assigned by Fortune, in whole or in
<br />part, without prior written consent of the City, which will not be unreasonably withheld or
<br />delayed,
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<br />7, Improvements. No structures or improvements of any kind shall be placed upon
<br />the City Facility without prior written approval of the City,
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<br />8. Maintenance. The City shall keep and maintain the parking spaces licensed
<br />under this Agreement within the City Facility in good and clean condition, including the regular
<br />removal of all litter and trash,
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<br />9. Indemnification. This Agreement is one of licensing of property and is not a
<br />bailment. Fortune shall assume full responsibility for the vehicles licensed to be parked within
<br />the City Facility under this Agreement and the contents therein, Fortune, as a material part of the
<br />consideration to be rendered to the City under this Agreement, to the extent permitted by law,
<br />hereby waives all claims against the City, its agents servants or employees for loss, theft or
<br />damage to vehicles licensed to be parked within the City Facility under this Agreement and the
<br />contents therein, To the extent permitted by law, Fortune shall indemnify, defend and hold the
<br />City, its employees and public officials, agents, and servants harmless from, and on account of,
<br />any damage or injury to any person, or to the property, goods, wares and merchandise of any
<br />person, arising from the use of the City Facility by Fortune, its agents, servants, employees,
<br />contractors, invitees or licensees.
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<br />10. AssumDtion of Risk. All property belonging to Fortune or any user of the City
<br />Facility authorized under this Agreement shall be there at the risk of Fortune or such other
<br />person only, Except for the deliberate or negligent act of the City or its agent or employees, the
<br />City, its employees and public officials, and agents shall not be liable for injury to persons, or
<br />damage to, or theft of, or misappropriation of such prope11y by any means whatsoever, Fortune
<br />shall give prompt notice to the City in case of any such injury, damage, theft, or
<br />misappropriation, In case any action or proceeding should be brought against the City by reason
<br />of any obligation on Fortune's part to be performed under the tenus of this Agreement or arising
<br />from any act or negligence of Fortune, or of its agents or c:mployees, Fortune, upon notice from
<br />the City, shall defend the City at Fortune's expense, by c:ounsel reasonably satisfactory to the
<br />City,
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<br />11, Compliance with Law, Fortune shall comply with all applicable state, county
<br />and City laws and ordinances in fulfilling its responsibilities under this Agreement. The City
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<br />MIADOCS 3364234 4
<br />3/13/09
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