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6.3.A. - Page 73 <br /> shall 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. The CITY and LICENSEE agree <br /> that the License Fee, as provided herein, shall apply notwithstanding the fact that the Initial <br /> License Area, which constitutes only a portion of the Winslow Lot, is initially available to <br /> LICENSEE. LICENSEE agrees that the payment of such License Fee is also in consideration of <br /> CITY's granting permission to use the Winslow Lot for the temporary placement of tiebacks in the <br /> course of construction of foundations for the Project. <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 OF <br /> ITS AGENTS HAVE MADE, AND CITY HEREBY DISCLAIMS, ANY REPRESENTATIONS OR <br /> 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 office <br /> sheds/trailers, short term vehicle parking for material pick-up/delivery (UPS/FedEx) and <br /> sanitary facilities services and for a temporary by-pass road from time to time. <br /> Except as set forth in the next paragraph, LICENSEE shall not conduct any construction <br /> activities on the Winslow Lot, other than construction necessary to implement the Activities. <br /> LICENSEE shall not use the Winslow Lot for any other purpose without first obtaining CITY's <br /> written consent. <br /> CITY understands and agrees that LICENSEE intends to use a portion of the Winslow Lot for <br /> the purpose of installing temporary underground tiebacks to anchor the foundations of the <br /> Project, in the locations shown on Exhibit "D," attached hereto and incorporated herein by <br /> reference, (which usage shall be included in the term "Activities" authorized by CITY) which <br /> LICENSEE shall be obligated to remove, as set forth in Section 4, below. <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, and <br /> ATTY/AGR/2015.146.1/HAMILTON-WINSLOW DDA—LICENSE AGREEMENT <br /> REV: 10-21-15 VR;GGB Redline 9-29-15 Paget of 12 <br /> 82483.00019\20598842.2 <br />