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1. Parking for Marina Use sha11 include 26 stalls located on the Residential Property <br /> and 50 stalls located on the Commercial Properry. <br /> 2. Residential Property Owner will make available 26 parking stalls within the <br /> Residential Property for Marina use. <br /> 3. Residential Property Owner and Commercial Property Owner shall not extinguish <br /> this Contract without authorization by Resolution of the Orono City Council. <br /> 4. Commercial Property Owner is placed on notice that the ability to operate a Marina <br /> at the levels intended is in part reliant on the availability of parking on the Residential Property, and <br /> that if this contract is extinguished, the City reserves the right to reconsider all approvals required <br /> for continued operation of the Marina, including but not limited to annual marina licenses, <br /> certificates of occupancy,etc. <br /> 5. Miscellaneous. <br /> A. Third parties shall have no recourse against the City under this Contract. <br /> B. If any portion, section, subsection, sentence, clause, sentence, paragraph, or <br /> phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of <br /> the remaining portion of this Contract. <br /> 6. The action or inaction of the City sha.11 not constitute a waiver or amendment to the <br /> provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by <br /> the parties and approved by written resolution of the City Council. The City's failure to promptly <br /> take legal action to enforce this Contract sha11 not be construed as a waiver or release of any term or <br /> condition herein. <br /> 136129 3 <br />