Reso 2023-3471 - Laserfiche WebLink

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2.2 Agreement Subject to FDOT Lease with City. Regalia understands and accepts that the Property is owned by Florida Department of Transportation ("FDOT"), and Regalia's Agreement with the City is subject to a Lease Agreement between the City and FDOT for use of the Property ("FDOT Lease"). Pursuant to the FDOT Lease, FDOT may terminate the FDOT Lease with the City with or without cause, and after giving notice, is entitled to the use of all or portions of the Property, including the twenty-two (22) designated parking spaces that are the subject of this Agreement. In the event FDOT terminates the FDOT Lease, the City will terminate this Agreement in accordance with Section 12 herein. In the event that FDOT provides notice to the City of its intent to utilize any or all of Regalia's twenty-two (22) designated parking spaces under this Agreement, the City will provide written notice to Regalia of FDOT's intent, and Regalia can either elect to terminate the Agreement in accordance with Section 12 herein, or enter into a written amendment to this Agreement providing for a revised or more limited use of the Property that does not interfere with FDOT's intended use. 3. License Fee. Regalia shall pay a monthly fee of Five Thousand One Hundred Fifty Dollars ($5,150.00) for exclusive use of the twenty (20) designated parking spaces located within the Property. The payments shall be remitted to the City's Finance Department and due no later than the 1 st day of each month. The first payment under this Agreement shall be made in advance of the first month and every subsequent month thereafter. Regalia will be required to pay any City parking application fees or permit fees. Regalia shall be required to pay a three percent (30/0) increase annually for each subsequent year under this Agreement. 4. Term. Subject to the Parties rights to terminate the Agreement as set forth in Section 12, this Agreement shall remain in effect on a month-to-month basis. This Agreement shall commence on the date the last party signs this Agreement (the "Effective Date"). 5. Cost and approval of parking signs. Regalia shall reimburse to the City the costs associated with constructing and placing signs stating that the parking spaces on the Property shall only be utilized by Regalia employees, contractors, subcontractors, agents, representatives and invitees. 6. Improvements. No structures or improvements of any kind shall be placed upon the Property without prior written approval of the City. 7. Maintenance. Regalia shall keep and maintain the parking spaces licensed under this Agreement within the Property in good and clean condition, including the regular removal of all litter and trash. 8. Indemnification. This Agreement is one of licensing of property and is not a bailment. The Parties agree that the City shall not assume any responsibility for the vehicles licensed to be parked within the Property under this Agreement and the contents therein. Regalia, as a material part of the 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 Property under this Agreement and the contents therein. To the extent permitted by law, Regalia 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 Property by Regalia's employees, contractors, Page 2 of 5