25D - AGMT - PARKING FACILITIES OPERATOR

Home Browse Search

of revising the automobile parking spaces; changing or rearranging the entrances and exits; using temporarily or permanently such portions thereof as are necessary for construction of improvements, and/or repairs thereto; or for the installation of improvements, or other facilities necessary for the efficient operation and maintenance of the Premises. 17. CONDITIONS GOVERNING IMPROVEMENTS AND ALTERATIONS a. No facilities shall be installed or maintained, or alternations or additions made in, to, or upon the Parking Facilities by the Operator without the prior written consent of the Contract Administrator, and all such work shall be completed in accordance with plans approved and conditions imposed by the Contract Administrator. Upon completion of said facilities, the Operator shall furnish to the Contract Administrator, at no charge two complete sets of as built drawings and detailed costs of the facilities constructed and installed. b. All facilities, alterations, or additions constructed by the Operator within the Parking Facilities, including the plans and specifications therefore, shall conform in all respects to the applicable statutes, ordinances, building codes, rules, and regulations of the City and such other authorities, as may have jurisdiction. The City's approval given as provided shall not constitute a representation or warranty of such conformity, and conformance shall remain the Operator's responsibility. The Operator shall procure all permits necessary for such construction. The cost of all permits and construction by the Operator shall be at the Operator's sole cost and expense. 18. MECHANICS LIENS OR STOP NOTICES The Operator shall at all times defend, indemnify and hold harmless the City, its officers, employees and agents against all claims, losses, demands, damages, cost, expenses, or liability costs for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements, equipment, or facilities within the Parking Facilities, and from the cost of defending against such claims, including attorney fees and costs. In the event a lien or stop-notice is imposed upon the Parking Facilities as a result of such construction, repair, alteration, or installation, the Operator shall either: A. Record a valid Release of Lien, or B. Procure and record a bond in accordance with Section 3143 of the Civil Code, which frees the Parking Facilities from the claim of the lien of stop-notice and from any action brought to foreclose the lien. If the Operator fails to accomplish either of the two optional actions above within fifteen (15) days after the filing of such a lien or stop-notice, the Agreement shall be in default and shall be subject to immediate termination. 18 25D-22