Reso 2015-2371 - Laserfiche WebLink

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10. Naming.rights. Chateau Beach shall have the naming rights for the band shell to be located at a Gateway Park subject to the approval of the City. 11. Assignment. This Agreement may not be assigned or sublet by Chateau Beach, in whole or in part,without prior written consent of the City. 12. Improvements. No structures or improvements of any kind other than the staging area shall be constructed by Chateau Beach inside Samson Oceanfront Park without the prior written approval of the City. 13. Maintenance. Chateau Beach shall keep and maintain the staging area inside Samson Oceanfront Park in good and safe condition, including the regular removal of all litter and trash,and repair any damage to Samson Oceanfront Park caused by Chateau Beach's employees,agents, and subcontractors. Chateau Beach's construction fence shall be equipped with the proper canvas to shield the interior of the staging area from the park. 14. Indemnification., This Agreement is one of licensing of property and is not a bailment. Chateau Beach shall assume full responsibility for the staging area defined herein. Chateau Beach hereby waives all claims against the City, its agents, servants or employees for loss, theft or damage to property in, on or about Samson Oceanfront Park. To the extent permitted by law, Chateau Beach 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 Samson Oceanfront Park by Chateau Beach, including its agents, servants, employees, contractors, invitees or licensees. 15. Assumption of Risk. Consistent with paragraph thirteen above and not as a limitation of the aforementioned paragraph, all property belonging to Chateau Beach or any user of the staging area inside Samson Oceanfront Park shall be there at the risk of Chateau Beach 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. Chateau Beach 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 Chateau Beach's part to be performed under the terms of this Agreement or arising from any act or negligence of Chateau Beach,or of its agents or employees, Chateau Beach,upon notice from the City, shall defend the City at Chateau Beach's expense, by counsel reasonably satisfactory to the City. 16. Compliance with Law. Chateau Beach shall comply with all applicable state, county and City laws and ordinances in fulfilling its responsibilities under this Agreement. 17. Default and Penalties. In the event of any default by either party under this Agreement, the non-defaulting party shall have the right to terminate this Agreement upon