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<br />All past monies due and payable under the predecessor in interest have been fully satisfied and are part of <br />the consideration ofthis Agreement. Said payment shall be prorated for partial years during which any <br />said shelter is in place for less than the full calendar year. <br /> <br />5. Shelter Locations. The COMPANY shall furnish the CITY Administrator a schedule showing <br />the location of each bus shelter at the time of paying the license fee for same. No bus shelter shall be <br />placed at any location without the prior approval of the CITY Administrator as to its location and <br />placement. Bus shelters shall not be placed in such a manner as to obstruct traffic or otherwise constitute <br />a traffic hazard. <br /> <br />6. Removal of Shelters. The COMPANY shall promptly, at its own expense, remove any bus <br />shelter which the CITY Administrator determines to be a traffic hazard, and if a fee has been paid to the <br />CITY for such shelter, a refund or credit shall be given to the COMPANY. Should the COMPANY fail to <br />remove a shelter within seven (7) business days after notice served upon the COMPANY, the CITY may <br />do so and charge the cost for such removal to the COMPANY. <br /> <br />7. Insurance. The COMPANY, at its own expense, shall procure an Insurance Policy <br />commonly known as Public Liability Insurance Policy with limits of ONE MILLION (S 1 ,000.000.00) <br />DOLLARS naming the CITY as Co-Insured or Additional Insured and shall hold the CITY harmless <br />from financial responsibility arising out of any claims or lawsuits that may be made against the CITY <br />because of this Agreement or the placement of the bus shelters hereunder. <br /> <br />8. Indemnification. The COMPANY agree to indemnify and hold harmless the CITY, its <br />elected and appointed officers, agents, servants and employees, from and against any and all claims, <br />demands, or causes of action of whatsoever kind or nature sustained by the CITY or any third party <br />arising out of, by reason of, resulting from, or in connection with the COMPANY's performance of this <br />Agreement, and from and against any resulting losses, costs, expenses, reasonable attorneys' fees, <br />liabilities, damages, orders, judgements, or decrees. <br /> <br />9. Payments. Any and all payments to the CITY shall be made to the following <br />address: <br /> <br />City of SUNNY ISLES BEACH <br />Attn: City Manager <br />City Hall <br />17070 Collins Avenue <br />Sunny Isles Beach. FL 33160 <br /> <br />10. Term. The term of this Agreement shall be twenty-four (24) months commencing on first <br />day of the month following the signature by all parties to this Agreement. This Agreement may be <br />extended by the mutual written consent of both parties. <br /> <br />11. Termination. Subsequently to the 18th month of this Agreement, this Agreement may be <br />terminated unilaterally by the CITY subsequent to the COMPANY'S receipt of sixty (60) days written <br />notice. <br /> <br />12. Amendment. This Agreement may be amended by the mutual written consent of the parties. <br />This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered <br />without the prior written consent of CITY. <br /> <br />13. Entire Agreement. This Agreement sets forth all ofthe promises, covenants, agreements, <br />conditions and understandings between the parties hereto, and supersedes any and all prior or <br />contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or <br />written, except an herein contained. <br />