Reso 99-171 - Laserfiche WebLink

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4. Exclusivity. The rights granted under the permit are exclusive only to the site and as to types of services offered. Nothing contained in this Permit Agreement shall preclude the City from offering other services or for charging fees to park patrons. 5. Permittee Obligations. As a material inducement for the City to enter into this Permit Agreement with Permittee, the Permittee hereby agrees as follows: i. The Permittee shall (a) either provide and pay for a lifeguard to be located on the beach or demised premises, in which case the lifeguard shall be the sole responsibility of the Permittee; or (b) pay for a lifeguard provided by Miami -Dade County. Specifically, if the Permittee provides the lifeguard, in accordance with this Paragraph 5 (a), the Permittee agrees to indemnify and save harmless the City from any and all claims, liability, losses and causes of action, which may arise out of the actions of the lifeguard, the Permittee, its employees, agents, officers and assigns, arising outside of the terms of this agreement, including any claim for which the City has indemnified the County in accordance with the Interlocal Agreement attached hereto as Exhibit "A". The Permittee, directly or through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all lawsuits in the name of the City when applicable and shall pay all costs and judgment and attorneys' fees which may issue therefrom. In either case, the lifeguard shall be on duty during the hours as customary in the Miami -Dade County beaches. The Permittee shall pay for said lifeguard for a two-year term commencing on the date the Park Interlocal Agreement is executed by the City and Miami -Dade County, and terminating two (2) years from that date. ii. Additionally, the City will have the right to relocate the lifeguard to the other beachfront park owned by the City. iii. Permittee agrees to abide by any obligations of the City as incurred in any Interlocal Agreement with the County for the Gilbert Samson Park and shall indemnify the City for same in accordance with Paragraph 13 hereinbelow. 6. Access. Permittee shall, at all times, maintain the easement as a public park with free access to the beach for the term of the permit and the City shall have the option to provide additional services and facilities, as it deems appropriate, subject to the right of the Permittee to its access easement. 7. Facilities. a. The Permittee shall maintain the following: Parking Lot Maintenance: Newport -Holiday Inn Permit Agreement 2 10/29/99 — 12:45 PM LMD:ch