Reso 2012-1910 - Laserfiche WebLink

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6. Pier Park upgrade plans. When the City renovates Pier Park, located at 16501 Collins Avenue, Sunny Isles Beach, Florida 33160, (at the conclusion of the Pier reconstruction project and after Florida Power and Light ( "FPL ") undergrounding project in the area has been complete) the City will discuss the preliminary plans with La Perla's Board of Directors. 7. Review of La Perla's pool deck expansion. Upon submittal by La Perla, the City will expedite the review of the plans for the pool deck if such plans are consistent with applicable laws. 8. Pier Park narking. The City agrees to monitor the present parking lot configuration at Pier Park to facilitate the free movement of vehicles in the designated rights of way that are used by both the general public and the Property's residents, provided that all safety concerns are satisfied. 9. Assignment. This Agreement may not be assigned or sublet by La Perla, in whole or in part, without prior written consent of the City. 10. Maintenance. The City shall keep and maintain the beach access area located in the Property in good and safe condition, including the regular removal of all litter and trash, and repair any damage to the beach access staircase off of the Property's seawall walkway, except for damage caused by the deliberate or negligent conduct of La Perla's agents, servants, employees, agents, and/or subcontractors. 11. Indemnification. This Agreement is one of licensing of property and is not a bailment. The City shall indemnify, defend and hold harmless La Perla, its agents, servants or employees for any loss, theft or damage or injury to any person or to the Property, except for any injury to any person and /or damage to the beach access staircase off of the Property's seawall walkway that is caused by the deliberate or negligent conduct of La Perla, including its agents, servants, employees, guests and/or invitees. 12. Attorneys Fees. In the event of any dispute arising out of or related to this Agreement, the prevailing party shall be entitled to receive the reasonable attorneys' fees, costs and disbursements and court costs incurred by the City through the trial and all appellate levels and including any of same incurred in connection with enforcement of judgments and other collection costs. 13. Binding. The provisions of this Agreement shall be binding upon the parties thereto and their respective successors and/or assigns. 14. Severability. The terms of the Agreement are independent of and severable from each other, and neither this Agreement nor any provision shall be affected or rendered invalid or unenforceable by virtue of the fact that any other or others of them may be invalid or unenforceable, in whole or in part for any reason. �L)