RDA Parking Agreements 2010

8/6/2019 RDA Parking Agreements 2010

1/15

THIRD STREET GARAGE LICENSE AGREEMENT AGREEMENT made this.3M day of tteVthQ t-2001, by and between the CITY OF FRIVER MASSACHUSETTS, a municipal corporation, created under the Massachusetts GeLaws with principal offices located at One Government Center, Fall River , Massachusetts, 02hereinafter call the LICENSOR, and BUSINESS FOR BETTER PARKING, INC., (BBP, Innon-profit Massachusetts business corporation organized under Massachusetts General LChapter 180, with principal offices located in the Chamber of Commerce Building, 200 PocStreet, Fall River, Massachusetts, 02722, hereinafter call the LICENSEE.WHEREAS the LICENSOR and the LICENSEE have previously entered into a LICEAGREEMENT on the 1st day of January 1997 and ending on the 31 st day of December 200the parking and ground level parking area as hereinafter described, the LICENSORLICENSEE enter into the following LICENSE AGREEMENT commencing on the 1 t daJanuary 2002 and ending the 31 st day of December 2004, subject to the renewal provisions.WHEREAS, the LICENSOR is the owner based on a UDAG grant of a certain parcel of landsituated on Third Street in downtown Fall River, Massachusetts, on one area of which is locathree-floor parking deck, with the remaining area being a rectangular flat land area, and both suitable forautomobile parking purposes, andWHEREAS, the LICENSOR had neither the personnel nor the desire to operate either an atteparking facility, or a metered parking facility, in downtown Fall River, Massachusetts, and WHEREAS, the LICENSEE (a Massachusetts non-profit corporation composed of downtowRiver businesses and others) is presently, and has been operating successful and profitable palots in downtown Fall River, Massachusetts, since 1974, andWHEREAS, the LICENSEE, as a representative group of downtown Fall River, Massachbusinesses (and others), has the ability, the expertise and the personnel to institute aeffectively operate an attendant parking facility for public purposes in downtown Fall Riorder to encourage and support the business in the contiguous area of downtown Fall shopping center, andWHEREAS, the LICENSEE corporation has established, as an objective, that it wants "to plowest possible cost for doWntown off-street parking by a non-profit corporation (compodowntown businesses and others) which has successfully provided low-cost , off-street parkthe downtown since 1974", andWHEREAS, The LICENSEE has been selected to manage and operate the Third Street pgarage pursuant to RFP # 02-08.NOW, THEREFORE, based on the mutual consideration and promises of both parties above, it is agreed that:


2/15

ARTICLE ONE - AREA BEING LICENSED The area proposed to be licensed by this Agreement is that rectangular area in downtown FaRiver, Massachusetts, bounded by the former Second Street on the west, Jeremiah Sullivan Driv(formerly Pleasant Street) on the north, Fourth Street on the east and Borden Street on the soutwith the following areas specifically excluded therefrom:

a.) That portion of the above area presently owned by the First Federal Savings Banof America, and

b.) That portion of the above area presently owned by the recent purchasers of tformer Giesow Building.The licensed area is shown on a plan labeled "Disposition Plan, Central Business District, FaRiver, Mass." and the said Disposition Plan has been recorded at the Bristol County Fall RivRegistry of Deeds on January 20, 1977 in Plan Book 64, Page 30.These areas are further described on the attached "Disposition Plan" as:

Plan #29D 36,892 square feet Parking Deck AreaPlan #37 36,762 square feet Flat Parking Area

ARTICLE lW O - DESCRIPTION OF PARKING FACILITYWithin the licensed area, generally covering the area south of the new First Federal Savings Baof America property and running between Second and Third Streets, along Borden Street (aindicated as parcel 290) above, is located a three-story parking deck approved from the FedeUDAG funds for erection by HUD for the City ofFal! River, Massachusetts.This multi-story parking deck is designed to hold approximately three hundred four (30automobile parking spaces, and was completed on December 15, 1980.Within the same licensed area, generally covering the areas between Third and Fourth Strealong Borden Street (indicated as Parcel #37 above) is designed a ground-level flat space parkarea to contain one hundred and ten (110) automobile parking spaces.

ARTICLE THREE - PLANNING AND ENGINEERING FOR OPERATION OF PARKING DECK

The LICENSEE has financed (and paid from receipts collected) any and all capital itenecessary to the establishment of a proper tollbooth parking control system.

ARTICLE FOUR - OVERALL OPERATING PLANNINGThe LICENSEE will develop in advance of actual operation, an annual budget and a setuniform standard operating procedures to be submitted for approval by the LICENSOR on


3/15

before October 15 th of each year. Among those uniform standard operating procedures to considered in such an analysis are hours of operation (day/night), standard rates, merchvalidation rates, insurances (including, but not necessarily limited to, worker's compensatioliability, etc.) security, safety procedures, etc.The LICENSOR, the City of Fall River, shall approve or reject the annual budget submitted by LICENSEE on or before December 31 st of each year. The failure of the City of Fall Riverapprove or reject the annual budget by December 31 st of each year shall be considered as approof the said annual budget.The LICENSEE will maintain a separate bank account for all receipts received from toperation. Separate and distinct checks (no cash payments) will be issued for every expeincurred, arid together with the invoices received for materials, payrolls, and expenses willavailable for auditing purposes. Annual audited financial statements will be prepared by a loC.P.A. firm for submission to both the LICENSEE and the LICENSOR on or before March 15 theach year. These annual audited reports will show revenues, payrolls and other costs, togetwith a Balance Sheet of the overall parking operation, setting forth the assets, liabilities, aequity.The LICENSEE shall make available for audit or review, its books and records at reasonatimes, upon written notice received from the LICENSOR. The LICENSEE shall maintaicurrent report and said report shall be sent on a monthly basis to the City Administrator of the Cof Fall River or his successor.The LICENSEE, based on operating experience, shall annually furnish the LICENSOR wreliable area use statistics and forecast of future operations.The LICENSEE, as a non-profit corporation, states that whatever net profit is realized from overall parking deck and lot operation will be determined at the end of each calendar yearoperation, based upon the acceptance of the C.P.A annual audit report by the LICENSEdirectors, and members; and said report on or before March 15 th of each year for the prior calenyear shall be presented to the LICENSOR at that time.The LICENSEE in its operation of this parking facility built with UDAG funds, will keep in mthe main purpose of this operation is to help in the revitalization of the downtown Fall Rishopping area.The terms and conditions contained in RFP # 02-08 and the LICENSEE'S proposal submittedresponse to such RFP are hereby incorporated into and made part of this Agreement.

ARTICLE FIVE - NET PROFITSIt behooves the LICENSEE, as a group of downtown Fall River businesses to have .a viable lcost, off-street parking facility. It is also beneficial to the LICENSOR if the whole downtown River can be re-established, using low-cost, off-street parking facilities . Both parties have


4/15

consider the nearby competition of the many and various malls in every direction from Fall Rcity-center offering no-cost parking.Therefore, the LICENSEE shall contribute and deposit to a separate savings bank interest-beaccount to be known and titled as a "CAPITAL IMPROVEMENTS ACCOUNT' in c/o Busfor Better Parking, Inc. (BBP, Inc.) Trustee for the City of Fall River. Both presently city-owparking decks, Pearl Street and Third Street UDAGs, agree to jointly deposit into said accexcess revenue from the operation of each parking deck as may be detennined to be availabthe end of each fiscal year of operation by the LICENSEE through an affinnative vote of its Bof Directors, which a vote shall occur within thirty (30) days after the close of the fiscal year.When the above "CAPITAL IMPROVEMENTS ACCOUNT" has reached Two HunThousand ($200,000.00) Dollars, any and all excess deposits will be subject only to the exclright of withdrawal by the LICENSOR. Such excess detennined at conclusion oLICENSEE'S calendar year shall be remitted on or before the following March 15 th to theTreasurer of the City of Fall River.In the event there shall be a revocation or tennination oflicense under the conditions describArticle Six of this agreement the entire amount of funds including the accrued interest iLICENSEE'S CAPITAL IMPROVEMENTS ACCOUNT, shall become immediately payabLICENSOR.

ARTICLE SIX - TERMS OF LICENSEThe LICENSOR hereby grants the LICENSEE the exclusive right of operation of the parkingand contiguous parking lot operation, in the area set forth in Article One, from the date setabove through December 31, 2004, or such further extension date granted, in writing, bLICENSOR, and as provided below:

a.) The LICENSOR reserves the right to renew the Agreement as follows: The LiAgreement shall automatically renew for three successive three (3) year punless either the LICENSOR or LICENSEE shall give written notice to theparty of its election to tenninate this Agreement, provided that such notiterminate must be given, as provided in Article Ten, on or before the endsecond (2nd) year of each successive three (3) year period of operation, profurther, that if either party desires to renegotiate any of the terms of this Agreenotice to renegotiate must be given, as provided in Article Ten, on or before thof the twenty-fourth (24th) month (2 years) of each successive three (3) year pof operation.

b.) The LICENSOR shall have the right to remove the LICENSEE as the licoperator, for justifiable cause, during the above terms for failure to perforfollowing agreed contractual actions:
http:///reader/full/200,000.00http:///reader/full/200,000.00http:///reader/full/200,000.00http:///reader/full/200,000.00


5/15

1. Failure to pay excess amount over Two Hundred Thousand ($200,000.0Dollars in the CAPITAL lMPROVEMENT ACCOUNT as provided in ArticFive.2. Failure to file annual budget and financial reports as provided in Article Four.3. Failure to properly maintain and operate the licensed facilities for a periodten (10) or more successive working days.4. Failure to operate the facility in the best interest of the City of Fall River.5. Fot a material breach of any provision of this License Agreement.

ARTICLE SEVEN - ASSIGNMENTThis License, personal to the LICENSEE, is not assignable by the LICENSEE now, or in tfuture . Since the proper operation of this parking deck and contiguous flat area is of viimportance to the City of Fall River as LICENSOR, the determination of a successor operator the present LICENSEE rests entirely with the LICENSOR.

ARTICLE EIGHT - LIMITATION OF LICENSOR LIABILITYThis License Agreement is made upon the express condition that the LICENSOR shall be frfrom all liabilities and claims for damages and/or suits for or by reason of any injury or injuriesany person or persons or property of any kind whatsoever, whether the person or propertyLICENSEE, its agents or employees, or third persons, from any cause or causes whatsoever, whin or upon said premises or any part thereof during the term of this agreement or any extensionrenewal thereof or occasioned by any occupancy or use of said premises or any activity carriedby LICENSEE in connection therewith. LICENSEE hereby covenants and agrees to indemnand save harmless the LICENSOR from all liabilities, charges, expenses (including counsel feeand costs on account of or by reason of any such injuries growing out of same.The LICENSEE shaH provide a Liability Insurance Policy in the amount of Five Mill$5,000,000.00) Dollars that shall hold the LICENSOR harmless from all liabilities in connectwith the LICENSEE'S operation of the parking property described in this agreement. Further,LICENSEE shall at all times provide comprehensive insurance coverage for fire, theft, accidand worker's compensation and any other liabilities whatsoever arising out of and in operationthe licensed property. Copies of said insurance policies shall be filed with the City Auditor ofCity of Fall River.

ARTICLE NINE - LICENSEE ACCEPTANCE OF CONDITIONS OF PREMISESa.) The LICENSEE shall accept said licensed premises in its existing condition.representation, statement or warranty, express or implied has been made by or on behalthe LICENSOR as to such condition, or as to the use that may be made of such prope
http:///reader/full/200,000.00http:///reader/full/200,000.00http:///reader/full/200,000.00http:///reader/full/5,000,000.00http:///reader/full/5,000,000.00http:///reader/full/5,000,000.00http:///reader/full/200,000.00http:///reader/full/5,000,000.00


6/15

In no event shall the LICENSOR be liable for any defect in said property or for anlimitation on its use.

b.) The LICENSEE shall at its sole expense, from parking revenues received by BBP, Incmake all repairs and maintenance to said licensed property, including all equipment usedconnection with said licensed property. Said repairs and maintenance shall be mapromptly, as and when necessary. All repairs and replacements shall be in quality aclass at least equal to the original work. The LICENSEE shall maintain the licenspremises in thorough repair and in good and safe condition, and free from dirt, snow, icrubbish and other obstructions and encumbrances.The LICENSEE shall list all proposed repair and maintenance costs in their annual budgthat is submitted for the LICENSOR'S approval.

c.) No alterations, additions, or capital improvements to the licensed premises shall be maby LICENSEE without the written consent of the LICENSOR or its designee having bepreviously obtained on each such occasion. Any alteration, addition, or capiimprovement made by the LICENSEE, after such consent shall have been given, and at tLICENSOR'S option shall become the property of the LICENSOR upon the expirationsooner termination of the above License Agreement.

d.) BBP, Inc./LICENSEE may erect a 4' x 8' sign at the entrance booth indicating that parkideck and lot are partially reserved for pre-paid monthly parkers and that the facilityoperated by BBP, Inc.

ARTICLE TEN - NOTICE TO PARTIESIn the event that written legal notice is to be given, such notice shall be delivered by certified mareturn receipt requested, to the parties relative to any of the provisions of this Agreement, addresses of the principals which are given as follows:

LICENSOR: Mayor of the City ofFall River One Government Center Fall River, MA 02722 LICENSEE: President

Business for Better Parking, Inc. Chamber ofCommerce Building 200 Pocasset Street Fall River, MA 02722

ARTICLE ELEVEN - TERMINA TIONBoth parties do hereby agree that this LICENSE AGREEMENT can be terminated in any offollowing ways:


7/15

1. End ofTenn (as specified in Article Six).2. By mutual consent of the parties with prior notice of ninety (90) days in advance.3. Failure of LICENSEE to perform designated contractual actions as specified in a

of the Articles of this License Agreement.4. Upon breach, default, abandonment, dissolution, bankruptcy and/or insolvency

the LICENSEE.IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the and year first above written.WITNESSES: LICENSOR:

CITY OF FALL RIVER(A municipal corporation under MA GenLaw)

LICENSEE:BUSINESS FOR BEITER P ARKJNG, IN(A non-profit M.G.L. c. 180 Corporation)

i k - I l i l -President, Business fof Better Par7g)IIlCApproved as to Form & Manner ofExecution Only:


8/15

PEARL STREET GARAGE LICENSE AGREEMENT AGREEMENT made this314-day of lJee!,.,Jer 2001, by and between the CITY OF FARIVER, MASSACHUSETTS, a municipal corporation, created under the Massachusetts GenLaws with principal offices located at One Government Center, Fall River, Massachusetts, 02hereinafter call the LICENSOR, and BUSINESS FOR BETTER PARKING, INC., (BBP, Innon-profit Massachusetts business corporation organized under Massachusetts General LChapter 180, with principal offices located in the Chamber of Commerce Building, 200 PocaStreet, Fall River, Massachusetts, 02722, hereinafter call the LICENSEE.WHEREAS the LICENSOR and the LICENSEE have previously entered into a LICEAGREEMENT on the 1 t day of January 1997 and ending on the 31 st day of December 2001the parking deck and ground level parking area as hereinafter described, the LICENSORLICENSEE enter into the following LICENSE AGREEMENT commencing on the 1st daJanuary 2002 and ending the 31 st day of December 2004, subject to the renewal provisions. WHEREAS, the LICENSOR is the owner based on a UDAG grant of the certain land area situin downtown Fall River, Massachusetts and described as Parcel NA34 of the Central BusDistrict/CARD, on the northeast area of which is located a four-floor parking deck, withremaining area being a rectangular flat land area, and both areas suitable for automobile parpurposes, andWHEREAS, the LICENSOR had neither the personnel nor the desire to operate either an attenparking facility, or a metered parking facility, in downtown Fall River, Massachusetts, andWHEREAS, the LICENSOR has entered into a lease of the UDAG grant four-floor parking (above) dated July 18, 1985, and recorded at Fall River, Bristol County Registry of Deeds, B1585, Pages 39-42, with Aetna Casualty and Surety Co. for a term not to exceed thirty (30) yto furnish up to four hundred (400) parking spaces daily, Monday through Friday, 6:00 a .m6:00 p.m., based on 1) negotiated rates for Aetna employee parking, and 2) an administrdiscount to Aetna for a single check advance payment on the first day of each month, andWHEREAS, the LICENSOR was authorized to enter into such lease with Aetna CasualtySurety Co. by an Act of the General Court of Massachusetts entitled An Act Authorizing theof Fall River to Lease a Certain Parking Facility to Aetna Casualty and Surety Company Term not to Exceed Thirty Years" (Chapter 478 of the Acts of1983), andWHEREAS, the LICENSEE (a Massachusetts non-profit corporation composed of downtownRiver businesses and others) is presently, and has been operating successful and profitable palots in downtown Fall River, Massachusetts, since 1974, and


9/15

WHEREAS, the LICENSEE, as a representative group of downtown Fall River, Massachusettsbusinesses (and others), has the ability, the expertise and the personnel to institute and toeffectively operate an attendant parking facility for public purposes in downtown Fall River inorder to encourage and support the business in the contiguous area of the downtown Fall Riveshopping center, andWHEREAS, the LICENSEE corporation has established, as an objective, that it wants "to providelowest possible cost for downtown off-street parking by a non-profit corporation (composed odowntown businesses and others) which has successfully provided low-cost, off-street parking inthe downtown since 1974".WHEREAS, The LICENSEE has been selected to manage and operate the Third Street parkinggarage pursuant to RFP # 02-08.NOW, TIIEREFORE, based on the mutual consideration and promises of both parties namabove, it is agreed that:

ARTICLE ONE - AREA BEING LICENSEDThe area proposed to be licensed by this Agreement is that rectangular area in downtown FaRiver, Massachusetts, bounded by Pearl Street on the east, Anawan Street on the north, MillikeBoulevard on the west and Sprint Street on the south . Also described as Parcel NA34 on thCentral Business DistrictJCARD Plan.

ARTICLE TWO - DESCRIPTION OF PARKING FACILITYWithin the Parcel NAJ4 described above, on the northerly and easterly half of the land has beeconstructed a four-deck parking facility paid for by the LICENSOR from the proceeds of aapproved Federal UDAG fund grant.This four-story parking deck was planned to hold approximately three hundred twenty-five (325automobile parking spaces and was completed for final inspection on June 28, 1984 and the titlwas given to the City ofFall River on September 13, 1984.Within the same Parcel NA34, is a ground-level, flat spaced parking area containinapproximately eighty five (85) automobile parking spaces .

ARTICLE THREE - ASSIGNMENT BY LICENSORIn the above mentioned lease with the Aetna Company, the City of Fall River reserved the right assign the operation of the Pearl Street Parking Facility . By this licensing agreement, tLICENSOR does hereby constitute the LICENSEE as its ASSIGNEE to operate this city-ownparking facility.


10/15

ARTICLE FOUR - OVERALL OPERATING PLANNING The LICENSEE will develop in advance of actual operation, an annual budget and a setuniform standard operating procedures to be submitted for approval by the LICENSOR onbefore October 15 th of each year. Among those uniform standard operating procedures toconsidered in such an analysis are hours of operation (day/night), standard rates, merchvalidation rates, insurances (including, but not necessarily limited to, worker's compensatliability, etc.) security, safety procedures, etc.The LICENSOR, the City of Fall River, shall approve or reject the annual budget submitted byLICENSEE on or before December 31 st of each year. The failure of the City of Fall Riveapprove or reject the annual budget by December 31 st of each year shall be considered as approf the said annual budget. .. 'The LICENSEE will maintain a separate bank account for all receipts received from operation, Separate and distinct checks (no cash payments) will be issued for every expincurred, and together with the invoices received for materials, payrolls, and expenses wilavailable for auditing purposes. Annual audited financial statements will be prepared by a lc.P.A. firm for submission to both the LICENSEE and the LICENSOR on or before March 15each year. These annual audited reports will show revenues, payrolls and other costs, togewith a Balance Sheet of the overall parking operation, setting forth the assets, liabilities, equity.The LICENSEE shall make avaitable for audit or review, its books and records at reasontimes, upon written notice received from the LfCENSOR. The LICENSEE shall maintacurrent report and said report shall be sent on a monthly basis to the City Administrator of the of Fall River or his successor.The LICENSEE, based on operating experience, shall annually furnish the LICENSORreliable area use statistics and forecast of future operations.The LICENSEE, as a non-profit corporation, states that whatever net profit is realized fromoverall parking deck and lot operation will be determined at the end of each calendar yeaoperation, based upon the acceptance of the C.P.A annual audit report by the LICENSdirectors, and members; and said report on or before March 15 th of each year for the prior caleyear shall be presented to the LICENSOR at that time.The LICENSEE agrees, for the benefit of the ' LICENSOR, to negotiate with the ACompanyffravelers Insurance Company as to assigned location for any numberAetnalTravelers employees, up to a maximum of four hundred (400) spaces for use oemployees working in the AetnalTravelers building in the central downtown area.The terms and conditions contained in RFP # 02-08 and the LICENSEE'S proposal submittresponse to such RFP are hereby incorporated into and made part of this Agreement.


11/15

ARTICLE FIVE - NET PROFITS It behooves the LICENSEE, as a group of downtown Fall River businesses to have a viable locost, off-street parking facility. It is also beneficial to the LICENSOR if the whole downtown FRiver can be re-established, using low-cost, off-street parking facilities. Both parties haveconsider the nearby competition of the many and various malls in every direction from Fall Rivcity-center offering no-cost parking.Therefore, the LICENSEE shall contribute and deposit to a separate savings bank interest-bearaccount to be known and titled as a "CAPITAL IMPROVEMENTS ACCOUNT" in clo Businfor Better Parking, Inc. (BBP, Inc.) Trustee for the City of Fall River. Both presently city-ownparking decks, Pearl Street and Third Street UDAGs, agree to jointly deposit into said accoexcess revenue from the operation of each parking deck as may be determined to be availablethe end of each fiscal year of operation by the LICENSEE through an affirmative vote of its Boof Directors, which a vote shall occur within thirty (30) days after the close of each fiscal year.When the above "CAPITAL IMPROVEMENTS ACCOUNT" has reached Two HundThousand ($200,000.00) Dollars, any and all excess deposits will be subject only to the exclusright of withdrawal by the LICENSOR. Such excess detennined at conclusion ofLICENSEE'S calendar year shall be remitted on or before the following March 15 th to the CTreasurer of the City of Fall River .

. In the event there shall be a revocation or tennination of license under the conditions describedArticle Six of this agreement the entire amount of funds including the accrued interest inLICENSEE'S CAPITAL IMPROVEMENTS ACCOUNT, shall become immediately payableLICENSOR.ARTICLE SIX - TERMS OF LICENSE

The LICENSOR hereby grants the LICENSEE the exclusive right of operation of the parking dand contiguous parking lot operation, in the area set forth in Article One, from the date set foabove through December 31 20Q4, or such further extension date granted, in writing, by LICENSOR, and as"provided below:a.) The LICENSOR reserves the right to renew the Agreement as follows: The LiceAgreement shall automatically renew for three successive three (3) year Rri

. 1 , l n k ~ s either the LICENSOR or LICENSEE shall give written notice to the oparty' of its election to terminate this Agreement, provided that such noticetenninate must be given, as provided in Article Ten, on or before the end ofsecond 2nd ear f each successive three 3 ear eriod of 0 eration, provifurt er, that if either party desires to renegotiate any of the tenns of this Agreemnotice to renegotiate must be given, as provided in Article Ten, on or before the
http:///reader/full/200,000.00http:///reader/full/200,000.00http:///reader/full/200,000.00http:///reader/full/200,000.00


12/15

of the twenty-fourth (24th) month (2 years) of each successive three (3) year periof operation.

b.) The LICENSOR shall have the right to remove the LICENSEE as the licensoperator, for justifiable cause, during the above terms for failure to perform tfollowing agreed contractual actions:1. Failure to pay excess amount over Two Hundred Thousand ($200,000.0

Dollars in the CAPITAL IMPROVEMENT ACCOUNT as provided in ArtiFive.2. Failure to file annual budget and financial reports as provided in Article Four3. Failure to properly maintain and operate the licensed facilities for a periodten (10) or more successive working days.4. Failure to operate the facility in the best interest of the City of Fall River.5. For a material breach of any provision of thi s License Agreement.

ARTICLE SEVEN - ASSIGNMENTThis License, personal to the LICENSEE, is not assignable by the LICENSEE now, or infuture. Since the proper operation of this parking deck and contiguous flat area is of vimportance to the City of Fall River as LICENSOR, the determination of a successor operatothe present LICENSEE rests entirely with the LICENSOR.

ARTICLE EIGHT - LIMITATION OF LICENSOR LIABILITYThis License Agreement is made upon the express condition that the LICENSOR shall be ffrom all liabilities and claims for damages and/or suits for or by reason of any injury or injurieany person or persons or property of any kind whatsoever, whether the person or propertyLICENSEE, its agents or employees, or third persons, from any cause or causes whatsoever, win or upon said premises or any part thereof during the term of this agreement or any extensionrenewal thereof or occasioned by any occupancy or use of said premises or any activity carriedby LICENSEE in connection therewith. LICENSEE hereby covenants and agrees to indemand save harmless the LICENSOR from all liabilities, charges, expenses (including counsel feand costs on account ofor by reason of any such injuries growing out of same.The LICENSEE shall provide a Liability Insurance Policy in the amount of Five Mil($5,000,000.00) Dollars that shall hold the LICENSOR harmless from all liabilities in connecwith the LICENSEE'S operation of the parking property described in this agreement. Further,LICENSEE shall at an times provide comprehensive insurance coverage for fire, theft, accidand worker's compensation and any other liabilities whatsoever arising out of and in operatiothe licensed property. Copies of said insurance policies shall be filed with the City Auditor oCity of Fall River.
http:///reader/full/200,000.00http:///reader/full/5,000,000.00http:///reader/full/200,000.00http:///reader/full/5,000,000.00


13/15

ARTICLE NINE - LICENSEE ACCEPTANCE OF CONDITIONS OF PREMISESa.) The LICENSEE shall accept said licensed premises in its existing condition.

representation, statement or warranty, express or implied has been made by or on behalfthe LICENSOR as to such condition, or as to the use that may be made of such properIn no event shall the LICENSOR be liable for any defect in said property or for alimitation on its use.

b.) The LICENSEE shall at its sole expense, from parking revenues received by BBP, Inmake all repairs and maintenance to said licensed property, including all equipment usedconnection with said licensed property. Said repairs and maintenance shall be mapromptly, as and when necessary. All repairs and replacements shall be in quality aclass at least equal to the original work. The LICENSEE shall maintain the licenpremises in thorough repair and in good and safe condition, and free from dirt, snow, irubbish and other obstructions and encumbrances.The LICENSEE shall list all proposed repair and maintenance costs in their annual budthat is submitted for the LICENSOR'S approval.

c.) . No alterations, additions, or capital improvements to the licensed premises shall be mby LICENSEE without the written consent of the LICENSOR or its designee having bpreviously obtained on each such occasion. Any alteration, addition, or capimprovement made by the LICENSEE, after such consent shall have been given, and atLICENSOR'S option shall become the property of the LICENSOR upon the expirationsooner termination of the above License Agreement.

d.) BBP, Inc.ILICENSEE may erect a 4' x 8' sign at the entrance booth indicating that parkdeck and lot are partially reserved for pre-paid monthly parkers and that the facilityoperated by BBP, Inc .

ARTICLE TEN - NOTICE TO PARTIESIn the event that written legal notice is to be given, such notice shall be delivered by certified mreturn receipt requested, to the parties relative to any of the provisions of this Agreement,addresses of the principals which are given as follows:

LICENSOR: Mayor of the City ofFall River One Government Center Fall River, MA 02722

LICENSEE: President Business for Better Parking, Inc. Chamber ofCommerce Building 200 Pocasset Street Fall River, MA 02722


14/15

ARTICLE ELEVEN - TERMINATION Both parties do hereby agree that this LICENSE AGREEMENT can be terminated in any offollowing ways:

l. End of Term (as specified in Article Six).2. By mutual consent ofthe parties with prior notice of ninety (90) days in advance3. Failure of LICENSEE to perform designated contractual actions as specified in

of the Articles of this License Agreement.4. Upon breach, default, abandonment, dissolution, bankruptcy and/or insolvencthe LICENSEE.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of theand year first above written.WITNESSES: LICENSOR:

CITY OF FALL RIVER(A municipal corporation under MA GenLaw)

LICENSEE:BUSINESS FOR BETTER PARKING, IN(A non-profitM.G.L. c. 18z r a t iOn );J/A1L1r-d


15/15

l h a t the B u s i Q 8 S 8 , ~ ~ i i ~ e t b l r Parkina IDe. agree'to continue to maI1I80 theStreet Flat Surface Lot in accordance with thed a t c d D e 2 0 0 1 and t ( ) I l t i n ~ g tbrou&h 31.2013.( .

~ ~ ~ ~ 1 - ~ + r . - + ' - - - - - ' - :

PresidentFor Dotter Parking

December 30,2010

: .- . .

. . , . ....,:'"

: Maria R:"poso At ' $tau d .....- "o r & Cornppny FaxlD: Stafford- - - ' -.--'

. / ", :

.. ' , ..Please be e d v i S e ~ Street Garage, ~ S 1 r c c t G a r a s ~ ! l . License A ~ youbave 8 D Y q ~ Q i l I . p l c u e ~ t } ~ ~ ~ ~ f B l e to call.

... : < ; i" , ":," ~ ' . j , ; . ~ i l:

. . \. ':

.: ",

' . . ..:.::

',: : ' . ," ," .:.: .

. . . .

.. .... ..... .

RDA Parking Agreements 2010

Documents

Transcript of RDA Parking Agreements 2010