Res 2016-008/authorizing downtown business owners to use designated parking spaces in the Fire Station Studio parking lot adjacent to the 100 block of East Hutchison Street; approving the forms and terms of agreements for such use

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Article 4. Indemnity;Waiver 4.1 The Tenant agrees to defend, indemnify and hold harmless the City and its officers and employees from all damages, claims, losses, demands, suits,judgments, and costs, including reasonable attorney's fees, arising in connection with use of the Parking Space by Tenant, its agents, employees, customers or patrons. This obligation shall extend to and include all claims or damages related to the removal of unauthorized vehicles from the Parking Space. 4.2 The City, and its officers, agents and employees shall not be liable to the Tenant or, its agents, employees, customers or patrons, and the Tenant on behalf of itself and its agents, employees, customers or patrons waives any liability of the City and its officers, agents and employees, for any personal injuries or property damage that may be caused by the acts or omissions of the City or its officers,agents or employees. Article 5. Default and Remedies 5.1 The following events shall be deemed to be events of default by the Tenant under this Agreement: (1) The Tenant fails to comply with any term,provision, or covenant of this Agreement, and does not cure the failure within 10 days(the"Cure Period")after receipt of a written notice from the City. (2) The Tenant abandons use of the Parking Space, as indicated by a period of 10 or more continuous days during which the Parking Space is not used by the Tenant or an employee,customer or patron of the Tenant. (3)The Tenant formally or informally sublets, assigns or transfers any right under this Agreement,or allows any person other than the Tenant or an employee, customer or patron of the Tenant to use the Parking Space. 5.2 Upon the occurrence of an event of default,the City shall have the option to pursue any remedy or remedies permitted by law without any notice or demand whatsoever, including the entry upon the Parking Space without being liable for prosecution or any claim for damages, and do whatever the Tenant is obligated to do under the terms of this Agreement. 5.3 The Tenant agrees to reimburse the City for any expenses which the City may incur in effecting compliance with Tenant's obligations under this Agreement. Pursuit of any one or more remedies will not preclude the City from pursuing any other remedies provided by law, nor will pursuit of any remedies constitute a forfeiture or waiver of any rent due to the City, or of any damages accruing to the City by reason of the violation of any of the terms of the Agreement. 5.4 If it becomes necessary for the City to use an attorney to enforce any of the City's rights under this Agreement,the Tenant agrees to pay reasonable attorney's fees incurred by the City. Article 6.Term and Termination 6.1 The term of this Agreement will be from its effective date until 6.2 In the event of a default by the Tenant that is not cured by the Tenant within the Cure Period, the City may terminate this Agreement at any time upon written notice to the Tenant. 6.3 The City may, otherwise, terminate this Agreement by providing at least 30 days' advance written notice of termination to Tenant. Article 7. Miscellaneous 7.1 If any clause or provision of this Agreement is illegal, invalid or unenforceable under present or future laws in effect during the term of this Agreement, it is the intention of the parties that the remainder of this Agreement shall not be affected, and the parties declare that this Agreement would have been entered into without the unenforceable portion. 7.2 This Agreement may not be altered, changed, or amended, except by a written instrument signed by both parties. The terms, provisions, covenants and conditions contained in this Agreement shall apply to, inure to the benefit, and be binding upon the parties, and upon their respective successors in interest and legal representatives,except as otherwise expressly provided. 7.3 The captions used in this Agreement are for convenience only and do not in any way limit or amplify any terms and provisions. The City's execution of and performance under this Agreement will not act as a waiver of any immunity of the City to suit or liability under applicable law.