Resolution Zoning 09-Z-117 - Laserfiche WebLink

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~ . paid in advance, on or before the first day of each calendar month under this Agreement. The Effective Date of this Agreement shall be the first day of the calendar month following the final . approval of the Permit by the Sunny Isles Beach City Commission. 4. Adiustment to Number of Parkine: Spaces. During the first three (3) years of this Agreement, the City shall license to Fortune the right to use twenty (20) parking spaces at the City Facility. Thereafter, the City shall license to Fortune the right to use an additional forty (40) parking spaces at the City Facility. 5. Term. Unless otherwise terminated by written instrument signed by both parties, this Agreement shall remain in effect, so long as the Permit to operate the Beach Club is current and in effect, unless otherwise terminated by written instrument signed by both parties. 6. Assie:nment. This Agreement may not be assigned by Fortune, in whole or in part, without prior written consent of the City, which will not be unreasonably withheld or delayed. 7. Improvements. No structures or improvements of any kind shall be placed upon the City Facility without prior written approval ofthe City. 8. 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. 9. Indemnification. This Agreement is one of licensing of property and is not a bailment. Fortune shall assume full responsibility for the vehicles licensed to be parked within the City Facility under this Agreement and the contents therein. Fortune, as a material part ofthe 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, Fortune 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 Fortune, its agents, servants, employees, contractors, invitees or licensees. 10. Assumption of Risk. All property belonging to Fortune or any user of the City Facility authorized under this Agreement shall be there at the risk of Fortune or such other person only. Except for the deliberate or negligent act of the City or its agent 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. Fortune 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 Fortune's part to be performed under the terms of this Agreement or arising from any act or negligence of Fortune, or of its agents or employees, Fortune, upon notice from the City, shall defend the City at Fortune's expense, by counsel reasonably satisfactory to the City. 11. Compliance with Law. Fortune shall comply with all applicable state, county and City laws and ordinances in fulfilling its responsibilities under this Agreement. The City MIADOCS 3364234 4 3/13/09