Res 2021-179/approving an agreement that grants a Non-Exclusive License to Skinny Labs, Inc., doing business as SPIN, that enables SPIN’S shared micromobility devices such as electric scooters and electric bicycles to be operated within City rights-of-wa

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Payment shall be made twice per year for the periods ending September 30 and March 31. Payment shall be remitted to City on or before the 30t1 day following the end of each such period. 5. Right of Use of Right -of -Way by City and Release of Liability. Neither the granting of the license, nor any related permit, constitutes an abandonment by City of any City property, or any other rights or real property interests of City. The City, for itself and all entities authorized by applicable laws or by City to use the Right -of -Way, reserves the right at all times, to use and maintain the Right -of -Way for all lawful purposes and to perform related construction, maintenance and operation activities on, under or above the Right -of -Way. Licensee acknowledges that the City's rights in relation to use of the Right -of -Way shall have priority over Licensee's rights granted under this License Agreement. City shall have no liability for, and Licensee specifically releases City from, any liability or claims, including those arising from death, injury or property damage associated with Licensee's activities and the operation of Licensee's SMD's upon the Right -of -Way, regardless of whether caused or alleged to have been caused by City's maintenance or use of the Right -of -Way. 6. Extra Costs to City. Licensee shall pay or reimburse City for any additional costs incurred by City as a result of Licensee's activities under this License Agreement as set forth in the RFP and Proposal. Notwithstanding the RFP and Proposal, City may, by providing a written invoice therefor, charge Licensee for the costs incurred by the City if. a. any installation, reinstallation, relocation or repair of any existing or future public improvements by City within the Right -of -Way is made costlier by virtue of Licensee's activities under this License Agreement, or b. Licensee damages any City property when installing any equipment, facilities or structures. Licensee shall, within 30 days of receipt of such an invoice from the City, pay the invoice. If Licensee fails to timely pay such invoice, City may suspend this License Agreement until the invoice is paid, assess the penalties as set forth in this License Agreement. 7. Insurance. This License Agreement shall not be effective unless and until Licensee satisfies the insurance requirements below. During the term of this License Agreement Licensee shall procure and maintain, at its expense insurance as set forth in Exhibit A, attached hereto and made a part hereof. If such insurance policies are not kept in full force and effect throughout the term of this License Agreement, the License Agreement may be suspended immediately by City upon providing written notice of suspension to Licensee for the duration of such non-compliance. Spin may use subcontractors in the performance of activities under this License Agreement and such subcontractors shall procure and/or maintain insurance coverage at the limits described above. 8. Compliance with Laws and Regulations. Licensee agrees to comply with all federal, state laws and local ordinances in conducting its activities under this License Agreement.