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HomeMy WebLinkAboutContract 44359 (2)OFFICIAL RECORD clry sECRE�AR� ID SS��E CITY SECRETAR`�G ��TaACT �l®o .��ly ��_I �.. Parking Validation License —Park Shop and Dine This PARKING VALIDATION LICENSE (the "License") is made and entered into as of Apri110, 2013 by and between SUNDANCE SQUARE MANAGEMENT, L.P., ("Licensor") and City of Fort Worth, ("Licensee"): WITNESSETH: 1. Subject to the provision hereinafter set forth, Licensor does hereby grant unto Licensee the right to use a Merchant Parking Validator ("Validator") for use of the Park Shop and Dine Program ("Park Shop and Dine") in Sundance Square Management L.P. Parking Lot No. 15 ("Gateway Lot") located at 201 West 4`h Street, Garage 1 located at 201 Commerce Street, Garage 2 located at 401 Calhoun Street, and Garage 3 located at 350 West 4`h Street. These lots and garages shall be collectively referred to as "Parking Facilities". 2. Licensor shall provide Licensee with a Validator, to be housed at the Fort Worth Public Library's Central Library, which Licensee may use to validate Licensee's customers parking tickets from the Parking Facilities when a purchase is made. The Validator will allow the Licensee's customers ("Customers") to use the Park Shop and Dine program thus allowing them to park in the Parking Facilities for rivo and one half (2 1/2) hours free of charge before being charged the then current daily parking fees that would need. to be paid by the customer prior to departing the Parking Facilities. Customers will be required to surrender the validated parking tickets when they leave the Parking Facility. Each ticket may be validated only one time and may only be used one time. 3. Licensee will need to routinely stress the importance of the Park Shop and Dine program to its employees and customers and take the necessary steps to eliminate any improper use of the Validator or the Park Shop and Dine program. Any Licensee's employees use of the Validator for their personal use will result in a $25 fine per occurrence. In case of repeated misuse, Licensor will reserve the right to immediately revoke the Validator from the premises and revoke the Licensee privalege of using the Park Shop and Dine program. 4. There will be one (1) Validator issued to the Licensee. The Validator shall remain the property of the Licensor. Licensee agrees to immediately surrender the Validator to the Licensor upon termination or expiration of the Licensee's Park Shop and Dine Agreement or Building Lease Agreement. Should the tenant lose the Validator by any means or if the Validator be rendered unusable due to misuse, the Licensee shall be required to pay One Thousand Dollars ($1,000.00) for a replacement Validator. Under no circumstances will the Licensor accept a ticket for validation at it's Parking Facilities unless the customers parking ticket has been validated by the Licensee's Validator. 5. Licensee acknowledges that Licensor makes no guarantee whatsoever of the availability of customer parking spaces in the Parking Facilities. 6. Licensee hereby acknowledges that (a) it accepts the Facility in its present condition, and (b) Licensor has made no representations to it regarding the safeness thereof or suitability for any particular purposes. 7. This License constitutes the entire agreement between Licensor and Licensee relating to the use of the Spaces and no prior written or oral covenants or representations relating thereto not set forth herein shall be binding on either party hereto. This License may not be amended, modified, extended, or supplemented except by written instrument executed by both Licensor and Licensee. LICENSOR: Title Assistant Manager Parking Administration M�yy 3. �.ay��,'�i�y S RECEIVED I�PR 12 2�i3 LICENSEE: CITY OF FORT WORTH �1 " 84" ED AS TO FORM AND LEGALITYa