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DocuSign Envelope ID:FF5B034B-AD2B-4EF1-8F46-95195A97CE58
<br /> 5. ADDITIONAL COSTS. In addition to and together with the Monthly Fee, Espresso Bello
<br /> shall pay the actual, metered cost of electricity used for the Premises. Espresso Bello also
<br /> agrees to pay all federal, state and local taxes, together with any interest and penalties,
<br /> including but not limited to sales and use taxes, state and city business and occupation taxes.,
<br /> license fees and taxes, at current rates or at rates which may hereafter lawfully be imposed,
<br /> and any other taxes, which are now imposed, or may hereafter lawfully be imposed, by virtue
<br /> of, or in connection with the business carried on under this Agreement.
<br /> 6. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. Except in the event of a Default
<br /> under this Agreement, upon expiration or termination of this Agreement, all improvements
<br /> and additions to the Premises then owned by Espresso Bello shall be deemed property of City,
<br /> except Espresso Bello's property identified in Exhibit C, which shall remain the property of
<br /> Espresso Bello. However, at any time while Espresso Bello is in default hereunder, Espresso
<br /> Bello shall have no right to, and agrees that it will not, remove any trade fixtures or movable
<br /> furniture from the Premises as identified in Exhibit C.
<br /> 7. INDEMNIFICATION. Espresso Bello hereby agrees to defend and indemnify (including
<br /> reasonable attorneys'fees)and hold the City,its officers,employees and agents harmless from
<br /> any claims related to any injury, loss or damage to people or property, including, but not
<br /> limited to, damage to the street, road or right-of-way and any City facilities and death, arising
<br /> out of or related to this License, including, but not limited to, its design, construction,
<br /> maintenance, and/or repairs; provided, however, nothing herein shall require Espresso Bello
<br /> to defend, indemnify or hold harmless the City, its officers, employees and agents for that
<br /> portion of any injury, loss, or damage attributable to the negligence of the City, its officers,
<br /> employees, and agents, or the negligence of third parties. This defense and indemnification
<br /> obligation shall survive any termination, revocation or expiration of this Agreement.
<br /> 8. INSURANCE. The Espresso Bello shall, at its own expense, maintain Commercial General
<br /> Liability Insurance with a reputable insurance company or companies satisfactory to the City,
<br /> in the minimum limits of one million dollars ($1,000,000) per occurrence and no less than two
<br /> million dollars ($2,000,000) in the annual aggregate. Espresso Bello agrees to supply the City
<br /> with a certificate of insurance establishing (1)that its insurance obligations as herein provided
<br /> have been met, (2) that the insurance policy or policies as herein required are not subject to
<br /> cancellation without at least sixty(60) days advance written notice to the City, and (3)that the
<br /> City, its officers, employees and agents are named as additional insureds.
<br /> 9. DEFAULT - TERMINATION. Any failure on the part of Espresso Bello to observe or
<br /> perform any material term or condition of this Agreement, shall constitute a Default of this
<br /> Agreement. In the event of Default and upon twenty (20) days written notice to Espresso
<br /> Bello, the City may terminate this Agreement. In the event of Default by Espresso Bello, City
<br /> will also have the right to accelerate any fees owing for the remainder of the term, less the
<br /> reasonable rental value of the Premises, and hold Espresso Bello responsible for any shortfall.
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