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8.A. - Page 120 <br /> partial Certificate of Completion for the Hamilton Garage, the License Fee shall be EIGHT <br /> THOUSAND SIX HUNDRED DOLLARS ($8,600) per month. The applicable License Fee shall <br /> be pro -rated due to the issuance of the partial Certificate of Completion for the Hamilton <br /> Garage, the expiration of the Term hereof, or early termination. <br /> THIS LICENSE IS SUBJECT AND SUBORDINATE TO ALL EXISTING DOCUMENTS AND <br /> INSTRUMENTS OF RECORD AFFECTING THE WINSLOW LOT. LICENSEE MUST SECURE <br /> ALL ADDITIONAL NECESSARY APPROVALS, PERMITS AND CONSENTS, AND DELIVER <br /> ALL NECESSARY NOTICES, BEFORE COMMENCING ACTIVITIES IN THE WINSLOW LOT, <br /> INCLUDING ANY APPROVALS, PERMITS, CONSENTS OR NOTICES REQUIRED FROM OR <br /> TO CITY OR ANY OTHER AGENCY. LICENSEE COVENANTS AND AGREES, FOR THE <br /> BENEFIT OF CITY, THAT LICENSEE SHALL FULLY COMPLY WITH THE TERMS AND <br /> CONDITIONS OF ANY RULES AND REGULATIONS PROMULGATED BY CITY AS THEY <br /> APPLY TO ANY WORK OR ACTIVITIES TO BE PERFORMED OR FACILITIES TO BE <br /> INSTALLED BY LICENSEE ON THE PROPERTY PURSUANT TO THIS AGREEMENT, AND <br /> CITY SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND WITH RESPECT <br /> THERETO. LICENSEE ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY <br /> OF ITS AGENTS HAVE MADE, AND CITY HEREBY DISCLAIMS, ANY REPRESENTATIONS <br /> OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PRESENT OR FUTURE <br /> SUITABILITY OF THE WINSLOW LOT FOR LICENSEE'S INTENDED WORK, ACTIVITIES OR <br /> FACILITIES. <br /> 2. Authorized Activities on Winslow Lot. <br /> A. Authorized Activities on the Winslow Lot. LICENSEE may enter upon and use the <br /> Winslow Lot as follows (collectively, "Activities ") for contractor staging purposes, material <br /> staging /storage (including formwork), secure tool and equipment storage (forklifts, air <br /> compressors, generators, and safety /traffic control - related equipment), subcontractor and <br /> special inspection related material staging /storage, tools, equipment and temporary field <br /> office sheds /trailers, short term vehicle parking for material pick -up /delivery (UPS /FedEx) <br /> and sanitary facilities services and for a temporary by -pass road from time to time. <br /> LICENSEE shall not conduct any construction activities on the Winslow Lot, other than <br /> construction necessary to implement the Activities. LICENSEE shall not use the Winslow <br /> Lot for any other purpose without first obtaining CITY's written consent. <br /> B. Alterations. LICENSEE may install certain facilities as follows (collectively, <br /> "Permitted Facilities "): (1) Temporary improvements reasonably necessary in connection <br /> with the Activities, including fencing, pavement and paving work, temporary and non - <br /> permanently attached job site trailers, storage containers and portable restroom facilities, <br /> and (2) signage, pavement and paving work, lighting and other temporary roadway <br /> improvements reasonably approved by CITY. <br /> Except as expressly provided above with respect to the Permitted Facilities, LICENSEE <br /> shall not make any alterations, additions, improvements or other changes without CITY's <br /> prior written consent, which CITY may withhold in its sole and absolute discretion. The <br /> Permitted Facilities, and all other alterations, additions, improvements or other changes on <br /> or with respect to the Winslow Lot for which the consent of the CITY has been secured are <br /> hereinafter collectively referred to as the "Alterations." All such Alterations shall be made in <br /> accordance with all applicable Laws, in a good and workmanlike manner, and at the sole <br /> Exhibit D <br /> 82483.00019\9644366. 13 <br /> ATTY /AGR /2015.146 /HAMILTON - WINSLOW DDA <br /> REV: 07 -22 -15 VR <br /> Page 79 of 102 <br />