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Agreement.
<br />e. The Parties acknowledge and agree that the designated areas depicted on Exhibit C shall
<br />only be used for the parking of operable vehicles. In no event shall the designated areas depicted
<br />on Exhibit C be used for the parking of recreational vehicles, boats, trailers, inoperable or
<br />commercial vehicles (the "Prohibited Vehicles"). The Parties each shall retain the right to have
<br />any Prohibited Vehicles towed from the Properties at any time, with no notice to the other Party.
<br />The Parties acknowledge that the Permittees may be operating businesses on the Properties, and
<br />agree to cooperate with each other as needed. Fontwerth and Fontana shall each be solely
<br />responsible for all towing charges incurred on its own property.
<br />4. Improvements, Access, Maintenance, and Parking Obligations
<br />The Parties agree to construct and install the improvements approved by the City in the Architectural
<br />Permit (AP2020-020) including, but not limited to, accessibility upgrades, onsite walkways, parking re-
<br />paving, replacement landscape, trash enclosures, and trellises on the Properties. Each Party shall
<br />maintain, or have maintained, its own property, in good order, condition and repair, without expense to
<br />the other Party.
<br />The Parties shall share equally the liability for any bodily injury, personal injury, or property damage to
<br />third parties resulting from or arising out of the maintenance or repair of the improvements approved by
<br />the City in the Architectural Permit (AP2020-020) including, but not limited to, accessibility upgrades,
<br />onsite walkways, parking re -paving, replacement landscape, trash enclosures, and trellises on the
<br />Properties. Further, the Parties shall maintain parking access at the Properties and shall not undertake any
<br />action or effort to modify or alter the access and parking plan at the Properties or the number of parking
<br />spaces available for the use of the Permittees as approved by the City in the Architectural Permit
<br />(AP2020-020) without the prior written consent of the City.
<br />Each of the Parties shall keep in force a Commercial; General Liability policy as broad as ISO CG 00 01
<br />of One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000) general
<br />aggregate (per project or location), and One Million dollars ($1,000,000) products and completed
<br />operations aggregate for bodily injury and property damage insurance insuring the Parties against any
<br />liability arising out of the use, repair, maintenance, or improvement of the improvements approved by the
<br />City in the Architectural Permit (AP2020-020) including, but not limited to, accessibility upgrades, onsite
<br />walkways, parking re -paving, replacement landscape, trash enclosures, and trellises on the Properties.
<br />5. No Grant of Easement
<br />a. This Agreement shall not be construed as an express or implied grant of easement over
<br />any part of the Fontwerth Property or the Fontana Property to either Party or for public use, but
<br />solely as a contractual undertaking and agreement between Fontwerth and Fontana to provide for
<br />and permit the use of the ingress, egress, circulation and parking areas on the terms and
<br />conditions hereof. Fontwerth and Fontana at all times shall have full control of and management
<br />of the Fontwerth Property and the Fontana Property, including, but not limited to, the rights to:
<br />REV: 01-09-25 VR
<br />i. Post signage and paint curbs and lines in a manner typical of privately owned
<br />parking lots such as restricting the hours and duration of parking, designating specific
<br />spaces for short-term parking, designating specific spaces reserved parking and
<br />designating specific spaces for handicapped parking, and establishing speed limits,
<br />controls, and other barriers and routes of travel;
<br />ii. Enforce the observation of posted speed limits within the properties and to
<br />enforce parking restrictions including the duration of parking, and specific purposes
<br />ATTY/AGR.2026.003/Fontana Enterprises LLC (976-980 Woodside) (Page 3 of 11)
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