Agmt16 601 Marshall Street Owner, LLC - Parking License

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ORIGINAL AMENDMENT NO. 3 TO LICENSE AGREEMENT BETWEEN THE CITY OF REDWOOD CITY AND 601 MARSHALL STREET OWNER, LLC THIS AMENDMENT NO. 3 is entered into as -'L day of Ally,,tiT , 2017 (the "Effective Date"), amending the License Agreement by and between THE CITY OF REDWOOD CITY, a charter city and municipal corporation of the State of California ("CITY"), and 601 MARSHALL STREETOWNER LLC, a Delaware limited liability company ("LICENSEE"). RECITALS A. CITY and LICENSEE previously entered into that certain License Agreement dated April 22, 2016, ("Original License Agreement") allowing Licensee to use the City Property for construction worker vehicle parking of up to 40 spaces on the City Property. B. The Original License Agreement was amended by Amendments 1 and 2 to License Agreement, dated December 21, 2016 and March 16, 2017, respectively. (The Original License Agreement, Amendment 1, and Amendment 2 are collectively referred to herein as the "License Agreement".) C. CITY has determined that providing for a specific number and clear allocation of spaces, to be delineated by the LICENSEE provides a common benefit to the Downtown area, while ensuring spaces are available for contractor employee use. D. LICENSEE understands and acknowledges that CITY is concurrently providing a license to others to use portions of the City Property that are not within the License Area (as further described in Section 1 below). E. LICENSEE understands and acknowledges that the other two licensees shall also be allocated 30 spaces per licensee. Any remaining unassigned spaces and areas shall be available to all on a first come, first served basis. AGREEMENT NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Grant of License. The grant of license conferred by CITY to LICENSEE in the License Agreement is hereby modified such that LICENSEE shall have a revocable, personal, non- exclusive and non -possessory privilege to enter upon and use the 30 vehicle parking spaces located in the area identified as "DCI/Dostart" in Exhibit A to this Amendment, attached hereto and incorporated herein by this reference (the "License Area"). Exhibit A to this Amendment replaces Exhibit B in the Original Agreement. Vehicle parking spaces located in the area identified as "Unassigned" shall be first come, first served. LICENSEE has no right to enter upon or use vehicle parking spaces located in other areas of the City Property. This Amendment gives LICENSEE a license only and notwithstanding anything to the contrary herein, this license does not constitute a grant by CITY of any ownership, leasehold, easement or other property interest or estate whatsoever in the City Property, or any portion thereof. REV: 07-10-17 VR Page 7 of 2