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4. Relationship of Parties. This Agreement is made solely for the purpose of authorizing <br />Operator to manage and operate the Valet Lot at 309 N. Bush. City and Operator are <br />not partners or joint ventures, and the services to be rendered by Operator are as an <br />independent contractor. All personnel for the parking operation shall be employees of <br />Operator and shall not be considered employees of City. <br />Obligations of the Operator. <br />a. Use. Operator shall use the Valet Lot for the sole purpose of providing valet <br />parking services for automobiles and motorcycles. The Valet Lot shall be <br />used for vehicle parking and related purposes, and for no other use or <br />purpose. <br />b. Compliance with Laws. Operator shall perform each duty and obligation <br />imposed herein in full compliance with the Santa Ana Municipal Code, <br />including procuring a business license from the City of Santa Ana, and other <br />ordinances of the City, and all applicable laws of the State of California and <br />the United States of America. <br />C. Standard of Service and Performance. Operator agrees to provide a high <br />standard of performance in the execution of all obligations and duties as <br />hereinafter provided, particularly with respect to service given directly to the <br />public utilizing the Valet Lot. The City reserves the right, through the office <br />of the City Manager or his designee, to instruct the Operator as to the <br />standard of performance when deemed necessary. <br />d. Personnel. For the performance of any duties required by this Agreement, <br />Operator shall employ, engage and retain only persons who are competent, <br />efficient, qualified and of honest reputation. Operator shall maintain close <br />supervision over all personnel to insure the integrity and maintenance of an <br />honest and high standard of service to the public, as well as to insure that said <br />persons discharge their duties in a courteous and efficient manner. In <br />addition to parking attendants, Operator shall provide one on -site Parking <br />Manager or Supervisor who shall monitor staff at the Valet Lot during all <br />such hours the Valet Lot is open to patrons. <br />C. Condition of the Valet Lot; Custodial Services. Operator accepts the Valet <br />Lot in its "As -Is" state of repair and condition, and Operator expressly agrees <br />that City has made no representations to Operator regarding the condition of <br />the Valet Lot. No alterations to the Valet Lot shall be made by Operator <br />without first obtaining City's written consent, which City may grant or <br />withhold in City's sole and absolute discretion. Operator shall keep the Valet <br />Lot free from any liens arising out of any work performed, materials <br />furnished or obligations incurred by Operator, and shall indemnify City to the <br />fullest extent provided by Paragraph 6 below in connection with any such <br />liens. Operator shall maintain the Valet Lot in a neat, clean and safe condition <br />during the Tern, Without limiting the generality of the foregoing sentence, <br />Operator shall not permit any vehicles to remain in the Valet Lot overnight, <br />nor perform any repair work to any vehicles in the Valet Lot, nor permit any <br />Page 2 of 10 <br />r2/2n4 <br />