Parking License Agreement Between Dbq. & Hillcrest Family Service, Inc.PARKING LIC NSE AGREEMENT
EETWEEN
THE CITY OF ®LJEIJQtJE, IOWA
AN® .
HILLCREST FAMILY SERVICES, [NC.
This Parkin License Agree.~rent (the Agreement) dated for reference
purposes the ~ day of ~~ ..~ 2008, between the City of
Dubuque, Iowa a municipal corporation (City) and Hillcrest Family Services Inc.
(Hillcrest), an Iowa corporation with its principal place of business in Dubuque,
Iowa. '
WHEREAS, City is the owner of a parking lot which includes the forty-stall
area (the Licensed Area) shown on the attached Exhibit A and by reference
incorporated herein as though fully set out herein; and
WHEREAS, City and Hillcrest are desirous of entering into an agreement
where City grants to Hillcrest a license for the privilege of using the Licensed
Area for providing parking for Hi(Icrest's employees under the terms and
conditions hereinafter set forth;
NOW THEREFORE, in consideration of the mutual covenants and
agreements set forth herein, City and Company agree as follows:
SECTION 'I. TERM OF AGREEMENT
Subject to Paragraph 11, City hereby grants to Hillcrest a nonexclusive license to
use the Licensed Area for parking for Hlllcrest's employees during the hours from
7:30 a.m. to 4:00 p.m. for all school days and teacher-required in-service days
during the months of January through June in 2008 and August through June in
2008-2009, commencing on the 1st day of January, 2008, and ending after the
last teacher work day in June, 2009.
SECTION 2. PARKING LICENSE IJSE FEE
The parking license use fee (the Fee) for the Licensed Area shall be Fifteen
Dollars ($15.00) per month per space for thirty spaces for a total of Four Hundred
Fifty Dollars ($450.00) per month regardless of the number of spaces actually.
used by Hillcrest. Payments are payable monthly by Hillcrest to City in advance
commencing on the 1St day of the months of September through May.
SECTION 3. l1SE OF PREMISES
3.1 Hillcrest covenants and agrees to use and occupy the Licensed Area for
parking for-its employees only.
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3.2 Hillcrest shall not place or allow any signs on or in the Licensed Area
without the prior written approval of the City Manager. Hillcrest shall not place or
allow any structure on or in the Licensed Area.
SECTION 4. ASSIGNMENT AND SUELETTING
Hillcrest shall not assign or sublet this Agreement or the Parking Area nor any
portion thereof.
SECTION 5. MAINTENANCE OF PROPERTIES
Hillcrest shall be responsible for snow and ice removal in the Licensed Area at its
expense
SECTION 6. RSPONSIEILITY FOR ENFORCEMENT
City shall not be responsible in any manner for enforcement of Hillcrest's
privilege to use the Licensed Area. Hillcrest shall use the Licensed Area in a
manlier that is compatible with the operation of the remainder of City's parking
lot, and shall not cause or allow any conflicts or interruptions to the operation of
City's parking lot.
SECTION 7. DEFAULT
If Hillcrest shall default in the payment of the Fee hereunder or any part thereof,
or shall default in the performance ,of any of the other covenants herein
contained, and such default shall continue for a period of thirty (30) days after
written notice thereof, specifying the default complained of, mailed to Hillcrest by
United States certified mail, then City may, at its, election, declare the terms of
this Agreement ended and re-enter the Licensed Area, with or without process of
law, and expel and remove Hillcrest or any person or persons in or upon the
Licensed Area, using such force as may be necessary under the circumstances;
and if at any time, by reason of such default of Hillcrest and the continuance
thereof for such period of thirty (30) days after written notice has been given, said
term shall be so ended, Hillcrest hereby covenants and agrees to surrender and
deliver up the Licensed Area peaceably to the City.
SECTION 8. INDEMNITY
Hillcrest agrees to defend, indemnify and hold harmless City, its officers, agents
and employees, from any and all damages or claims whatsoever by reason of
Hillcrest's use of the Licensed Area and further agrees to reimburse City for any
and all damage to the Licensed Area resulting from the use of the Licensed Area
for activities associated with Hillcrest's business. City agrees to promptly give
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notice of any and all damages or claims and to permit Hillcrest and/or its
insurance carrier to investigate and defend the same.
SECl°I®N 9. INSU NCE
Hillcrest shall at all times during the term of this Agreement provide insurance as
set forth in the attached Insurance Schedule as such Insurance Schedule may
from time to time be amended by City.
SECI'I~N 10. Sl1RREN®ER ®F PREMISES .Ai° EN® ~F `TERM
Hillcrest agrees that upon termination of this Agreement it will surrender, yield up
and deliver the Licensed P.rea in good, clean condition.
SECi°I~N 1 ~. °CERl~II~AT'I®~!
11.1 City may terminate this Agreement for any reason, with or without cause,
upon thirty (30) days written notice mailed to the Hillcrest by United States
certified mail.
11.2 Upon termination for any cause whatsoever, City shall prorate the Fee for
the current month in which advanced payments have been made and rebate
such prorated Fee for the balance of the current month.
HILLCREST' FAMILI~ SERVICES, INC.
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CITY ~F DIJUQIlE, l®VUA
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Michael C. Van Mil~ligen, Gity Manager
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Attest `~ :i~i7 -'' ~' r °'~'- % P'.,r;°""' r r ~_/`~
Deanne F. Schneider, City Clerl<
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Date
Da e
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