Non-Exclusive License Agreement - Triangle Homeowners Assoc - Use of City of SB Burns Triangle Right of Way

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2. GRAPIT OF N+11!NJ,XCLUST E 1," CENSE. The City hereby grants to the THOA a non-exclusive license ("License") for the use of the Burns Triangle. The Parties acknowledge this License is granted to the current and future collective members of the THOA for association events or for individual usual and customary recreational uses, not requiring a City application and/or permit. 3. TERMINATION BY CITY. The City reserves the right to terminate this License in whole or part at any time for any reason, upon providing the THOA thirty days (30) advance written notice. 4. RE UIlkED INSURANCE. The THOA shall obtain and maintain at all times during the term of this License Commercial General Liability Insurance, in an amount not less than One Million Dollars ($1,000,000), including bodily injury and property damage. The policy shall name the City as an additional insured as respects any covered liability arising out of the THOA's use of the Burns Triangle. Any liability for the use of the Burns Triangle by the THOA under this license shall be limited to coverage provided to the City in the Policy approved by the CITY. 1' ON-CONVEVAl' CE OF P'I III'EWI'Y li1V'S°p"EREST. The City reserves the right to use or grant use of the Burns Triangle to members of the public, in accordance with City Code, rules, policies and applicable state and federal laws. This License does not create any property interest or rights in the THOA. 6. AC"CFAITANC s' O:F IMPROVE" E TS. The Parties acknowledge the THOA has at its own expense done landscaping as well as constructed some pathways and benches which the City hereby accepts as allowable improvements in the Public Right of Way. As a result the City has 'under State law the duty to maintain these improvements The THOA may, but is not obligated to, assist the City in :niaintainijig the improvements and any landscaping. The City grants the, TIIOA permission to trine trees and shrubbery as well as to cut grass. Except for additional incidental landscaping, any new improvements from and after the Effective Date of this License shall only occur after permission is granted by the City. The value of the improvements made by the THOA provides additional valuable consideration to support the License granted by City to the THOA. 7 � INDE I I' IFI'CA°l! "IO . The THOA shall indemnify and hold the City, its officials, agents and employees harmless from any liability due to loss, damage, injuries or other casualties of any kind, to the person or property of anyone on the Burns Triangle arising out of, or resulting from the issuance of this License, whether due in whole or in part to the negligent acts or omission of the City, its officials, agents or employees, up to the amount of the insurance coverage provided under paragraph 3 above. The extent of the THOA's liability is limited by the insurance coverage provided for the benefit of the Parties under paragraph 3. City shall indemnify and hold the Triangle harmless from any claims resulting from an incident which occurs on the Burns Triangle during a time which the THOA is not exercising its rights under this License. Any indemnification under this paragraph 6 shall include any costs of defense required to respond to claims which are subject to indemnification. 2