03-09-2020 Council Packet - Laserfiche WebLink

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3 fourteen (14) days, the Dock Administrator receives from the Licensee a written request for a hearing. 7. Payment. The Licensee agrees to pay for all costs of bringing the Dock Site into compliance, including the costs of removing property from the dock site. 8. License Fee. The Licensee agrees to pay a license fee in full at the beginning of the term of the license, or on a prorated annual basis by April 1 of each calendar year of the term of the license. Failure to pay the license fee by April 1 shall result in the termination of this License Agreement. Licensee understands that if the Licensee pays the license fee at the beginning of the term, the City may refund a prorated amount of the license fee to the Licensee, based on the number of years remaining at the time of the refund request, unless the licensee owes the City costs and expenses as outlined in this License Agreement. 9. Indemnification. The Licensee agrees to indemnify and hold harmless the City from and against all liability, damages, penalties, judgments, or claims of whatever nature arising from injury to person or property sustained by anyone arising out of use by the Licensee, its members, guests and invitees and occupancy of the Dock Site and will at Licensee’s own cost and expense defend any and all suits or actions (just or unjust) which may be brought against the City or in which the City may be impleaded with others upon any such above-mentioned matter, claim, or claims. This indemnity and hold harmless agreement will include indemnity against all costs, expenses, and liabilities incurred in or in connection with any such claims or proceedings brought thereon and the defense thereof. All of the indemnifications contained in this License Agreement shall survive the expiration or termination of this License Agreement. 10. Liability Insurance. Licensee will, at Licensee’s sole cost and expense, provide and maintain during the term of this License Agreement a blanket or general liability insurance policy against claims for personal injury, death, or property damage occurring in connection with the use and occupancy of the Dock Site. 11. Property Damage Insurance. Licensee will, at Licensee’s sole cost and expense, provide and maintain all risk property insurance during the term of this License Agreement in an amount sufficient to cover all items of property owned, maintained, or controlled by Licensee, its members, guests and invitees on the Dock Site. 12. Transferability. Dock licenses may not be sold, assigned, licensed, or otherwise transferred in any way to any person, partnership or corporation, except that the license may be transferred to a purchaser of the license holder’s residential property within the City. Dock space may not be rented. 13. Waiver of Default. Any waiver by the City of a default under the provisions of this License Agreement will not operate or be construed as a waiver of a subsequent default by Licensee. No waiver will be valid unless in writing and signed by the Mayor and attested by the City Clerk on behalf of the City. 14. Invalidity of Provisions. If any term or provision of this License Agreement or any application hereof to any person or circumstance is to any extent found to be invalid or unenforceable, the remainder of this License Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable will not