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6.3.A. - Page 76
<br /> of the Winslow Lot. Therefore during the Initial Term, CITY may, at its sole option and upon sixty
<br /> (60) days' written notice to LICENSEE, freely revoke and terminate this License at any time
<br /> without cause or liability; provided, however, that such revocation and termination shall only be
<br /> as a result of either (a) close of escrow for disposition of the Winslow Lot to a third party, or (b) a
<br /> determination reasonably made by City Manager that possession of the Winslow Lot is needed in
<br /> support of such disposition and development. In addition, during any Extended Term, CITY may,
<br /> at any time without cause or liability, and in the sole and absolute discretion of the City Manager,
<br /> terminate this License upon thirty (30) days' written notice to LICENSEE. Upon any revocation
<br /> or termination, LICENSEE shall surrender its occupation of the Winslow Lot surface on the date
<br /> specified in the written notice (the "Surrender Date") and in the condition required under this
<br /> License Agreement.
<br /> As set forth in Section 2.A., above, LICENSEE shall be required to remove the temporary tiebacks
<br /> installed by it to help anchor the foundations of the Project until stabilized. LICENSEE shall have
<br /> an additional thirty(30) days from the (i) Expiration Date of the Initial Term or the Extended Term,
<br /> as applicable; or (ii) Surrender Date, whichever is applicable, for the sole purpose of enabling
<br /> LICENSEE to remove the underground tiebacks shown on Exhibit C. Other than the requirement
<br /> that LICENSEE surrender its occupation of the Winslow Lot surface, as specified in the preceding
<br /> paragraph, this License Agreement shall not be deemed terminated, and all other applicable
<br /> terms of this License Agreement shall remain in full force and effect, including the payment of the
<br /> License Fee for this additional thirty (30) date period.
<br /> 5. Covenant to Maintain Winslow Lot. In connection with its use hereunder, LICENSEE
<br /> shall at all times, at its sole cost, maintain the Winslow Lot in a good, clean, safe, secure, sanitary
<br /> and sightly condition.
<br /> 6. Signs. LICENSEE shall not place, erect or maintain any sign, advertisement, banner or
<br /> similar object in, on, or about the Winslow Lot without CITY's prior written consent, which CITY
<br /> may withhold in its sole discretion.
<br /> 7. Surrender. Subject to the additional time allowed for the removal of the tiebacks, as set
<br /> forth in Section 4, above, upon the expiration or earlier termination of this License, LICENSEE
<br /> shall surrender the Winslow Lot in the same or better condition as received. At such time,
<br /> LICENSEE shall remove all of its property from the Winslow Lot and any signs and, upon CITY's
<br /> request, other structures or improvements permitted hereunder, and shall repair, at its cost, any
<br /> damage to the Winslow Lot caused by such removal. LICENSEE's obligations under this Section
<br /> shall survive any termination of this License.
<br /> 8. Repair of Damage. If any portion of the Winslow Lot or any personal property of CITY
<br /> located on or about the Winslow Lot is damaged or threatened by any of the activities conducted
<br /> by LICENSEE or anyone acting by or through LICENSEE hereunder, LICENSEE shall
<br /> immediately, at its sole cost, notify CITY by facsimile or electronic mail
<br /> (encroachment @redwoodcity.org) of such damage or threat. CITY may, but shall not be
<br /> obligated, to remedy such damage or threat at LICENSEE's sole cost, or CITY may elect to
<br /> witness LICENSEE's repair work. In the event CITY elects not to remedy such damage or threat,
<br /> LICENSEE shall repair any and all such damage and restore the Winslow Lot or property to its
<br /> previous condition subject to CITY's inspection, review and approval. CITY has no responsibility
<br /> or liability of any kind with respect to any utilities that may be on, in or under the Winslow Lot.
<br /> ATTY/AGR/2015.146.1/HAMILTON-WINSLOW DDA—LICENSE AGREEMENT
<br /> REV: 10-21-15 VR;GGB Redline 9-29-15 Page5 of 12
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