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<br />shall exclude regulations providing for the installation and use of parking meters.
<br />The City agrees to confer with Pelton prior to implementation of changes to the
<br />parking regulations. Pelton acknowledges that the parking on the Premises shall
<br />be available to the general public without restriction and agrees that it shall not
<br />post any signage that restricts the use of any parking spaces for Pelton’s owners,
<br />agents, employees, tenants, customers, business invitees or specific members of
<br />the general public.
<br />d. Upkeep, Maintenance, Repairs and Improvements. Pelton acknowledges and
<br />agrees that City shall have no obligation to provide any upkeep, maintenance or
<br />repairs to the Premises or improvements thereon, including without limitation
<br />street sweeping, street flushing, streets signs or the painting of lines indicating
<br />parking spaces and parking time limits, and that if Pelton elects to undertake the
<br />aforesaid activities they shall be at its sole expense without reimbursements and
<br />pursuant to Section 5.a.
<br />e. Safe Condition. Pelton shall keep and maintain the Premises in a safe condition
<br />for the public at Pelton’s sole expense.
<br />f. Liability for Damages to City Property. Pelton shall be liable for any damages
<br />or destruction to any City property that occurs as a result of this Agreement,
<br />unless caused by the sole negligence or willful misconduct of City or its elected
<br />and appointed officers, officials, employees, agents or representatives. Such
<br />damage or destruction shall be repaired to the satisfaction of the City at Pelton’s
<br />sole expense.
<br />g. Successor in Interest. In the event that Pelton is unable to reasonably fulfill its
<br />obligations as one of the Parties to this Agreement for any reason, including
<br />without limitation, an encumbrance, transfer, sale or partition of any or all of
<br />Pelton Plaza Shopping Center or the Premises, then Pelton shall inform its
<br />successor in interest of the existence and nature of this Agreement and provide
<br />City with the contact information of the successor in interest with a written notice
<br />delivered pursuant to Section 18.
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<br />6. Rent. City shall pay Pelton One Dollar ($1.00) per year, payable within thirty (30) days
<br />of the Effective Date of this Agreement, and within thirty (30) days of any extension
<br />pursuant to Section 4.
<br />7. Indemnification. Pelton agrees to indemnify, defend (with counsel approved by the
<br />City) and hold harmless City and its elected and appointed officers, officials, employees,
<br />agents and representatives (all of the foregoing, collectively, “Indemnitees”) from and
<br />against all liability, loss, cost, claim, demand, action, suit, legal or administrative
<br />proceeding, penalty, deficiency, fine, damage and expense, including without limitation,
<br />reasonable attorneys’ fees and costs of litigation (all of the foregoing, collectively,
<br />“Claims”) resulting from or arising in connection with the use of Pelton Plaza Shopping
<br />Center or the Premises by its owners, agents, employees, tenants, customers, business
<br />invitees or members of the general public who are on the Premises, including without
<br />limitation, Claims arising as a result of or in connection with any bodily injury, death, or
<br />property damages, or in connection with any violation of law or regulation by the owners,
<br />agents, employees, tenants, customers, business invitees or members of the general public
<br />who are on the Premises.
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