11-28-2007 Council Agenda - Laserfiche WebLink

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calendar year, together with the right of ingress and egress over and across the access roads and parking lanes from time to time located on the Heritage Lot for access to and from such parking spaces. Painters shall notify Heritage by telephonic notice or in writing of the days on which the Parking Easement will be used not later than 6.00 P.M. on the business day immediately preceding the day on which the Parking Easement is to be used. 1.2 Parking Easement is Appurtenant. The Parking Easement herein granted shall be appurtenant to the Painters Lot, and shall be permanent, subject only to termination in accordance with applicable law. 1.3. Impairment Prohibited. Heritage shall not materially restrict or impair use of the Parking Easement. ARTICLE II USE AND RESTRICTIONS 2.1. Maintenance. Heritage shall be responsible for maintaining the parking areas from time to time located on the Heritage Lot, in reasonably good condition and repair and reasonably free of debris, snow and ice. Painters shall not be responsible for any portion of the costs of such maintenance. Notwithstanding the foregoing, Heritage shall be responsible for snowplowing only during the business hours of the business operated on the Heritage Lot, which business hours shall not end earlier than 5:00 P.M. on Monday through Saturday, except for national holidays and other days on which businesses in the City of Little Canada are generally closed for business. 2.2 Responsibility for Misuse. Notwithstanding the foregoing, Painters, at its sole expense, shall be responsible for the repair of any damage to the parking areas and drives located on the Heritage Lot resulting from the negligence or wrongful and willful act of any of Painters' employees, agents, visitors or invitees, or the failure of any such employees, agents, visitors or invitees to utilize such parking areas in accordance with design standards. 2.3 Security. Painters acknowledge that the parking areas located on the Heritage Lot will be gated and locked during non - business hours. Painters will be given access to such locked areas during the hours and days of use of the parking areas as provided herein. Painters agree to re- lock the gate(s) at the end of the evenings on which Painters use the Parking Easement. 2.4 Indemnity: Insurance. Painters agree to indemnify, defend and hold Heritage harmless from any claims by reason of injury to persons or damage to property resulting from or arising out of the use of the Parking Easement by Painters, its employees and invitees. Painters agree to keep in full force and effect a policy of commercial general liability insurance with respect to its use of the Parking Easement with limits of liability not less than $1,000,000, combined single limit, naming Heritage as additional insured, and upon request by Heritage shall provide to Heritage a certificate of insurance evidencing such insurance.