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4. - Benefits provided by the City. In return for the use of the Property as described in
<br /> composite Exhibit "A", the City agrees to perform the following services at its own expense for Salem
<br /> House Condominium Association, Inc. located at 251-172nd Street, Sunny Isles Beach, FL 33160: 1)
<br /> clean and inspect the existing drainage system at Salem House; 2) repave and restripe the surface
<br /> parking lot at Salem House; and 3) install a manhole lid and grate on the existing underground storm
<br /> water storage tank at Salem House.
<br /> 5. No assignment. This Agreement may not be assigned or sublet by either party, in
<br /> whole or in part, without the prior written consent of the other party.
<br /> 6. Improvements. No structures or improvements of any kind other than the staging area
<br /> shall be constructed by the City inside the Property without the prior written approval of Salem
<br /> House.
<br /> 7. Maintenance. The City shall keep and maintain the staging area inside the Property
<br /> in good and safe condition, including the regular removal of all litter and trash, and repair any damage
<br /> to the staging area caused by the City's employees, agents, contractors and/or subcontractors. The
<br /> City's construction fence shall be equipped with the proper canvas to shield the interior of the staging
<br /> area.
<br /> 8. Indemnification. This Agreement is one of licensing of property and is not a
<br /> bailment. The City shall assume full responsibility for the staging area defined herein. The City
<br /> hereby waives all claims against Salem House, including its officers, directors, agents,
<br /> representatives, corporate affiliates, management entities, successors and assigns, for loss, theft or
<br /> damage to property in, on or about the staging area. Subject to the limitations of Section 768.28,
<br /> Florida Statutes, the City shall indemnify and hold Salem House, its officers, directors, agents,
<br /> representatives, corporate affiliates, management entities, successors and assigns, harmless from, and
<br /> on account of, any damage or injury to any person, or to the property, goods, wares and
<br /> merchandise of any person, arising out or resulting from the use of the staging area by the City,
<br /> including its elected and appointed officials, agents, officers, employees, agents, contractors,
<br /> subcontractors, invitees or licensees.
<br /> 9. Assumption of Risk. Consistent with paragraph eight (8) above and not as a
<br /> limitation of the aforementioned paragraph, all property belonging to the City, including its elected
<br /> and appointed officials, agents, officers, employees, agents, contractors, subcontractors, invitees or
<br /> licensees or any other user of the staging area inside the Property shall be there at the risk of the City
<br /> or such other person only. Except for its own deliberate or negligent acts within the staging area
<br /> • of the Property, Salem House including its officers, directors, agents, employees, representatives,
<br /> corporate affiliates, management entities, successors and assigns, shall not be liable for injury to
<br /> persons, or damage to, or theft of, or misappropriation of such property by any means whatsoever.
<br /> The City shall give prompt notice to Salem House in case of any injury, damage, theft, or
<br /> misappropriation arising out or resulting from the use of the staging area by the City, including its
<br /> elected and appointed officials, agents, officers, employees, agents, contractors, subcontractors,
<br /> invitees or licensees.
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