Agmt18 Devcon Construction, Inc.

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AGREEMENT NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: t. Grant of License. Starting on November 1, 2017 (the "Commencement Date'), CITY confers to LICENSEE a revocable, personal, non-exclusive and non -possessory privilege to enter upon and use the License Area for the limited purpose and subject to the terms, conditions and restrictions set forth in Sections 4 and 5, below. This Agreement 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. Nothing in this Agreement shall be construed as granting or creating any franchise rights pursuant to any federal, state or local laws. LICENSEE ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY OF ITS AGENTS HAVE MADE, AND CITY HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PRESENT OR FUTURE SUITABILITY OF THE LICENSE AREA FOR LICENSEE'S INTENDED ACTIVITIES. 2. License Fee. As consideration for the grant of the license, LICENSEE shall pay CITY a prorated license fee in the amount of Seven Hundred Dollars ($700.00) per month ("License Fee"). Each monthly installment of the License Fee shall be payable in advance, on or before the first day of each month commencing on the Commencement Date. The License Fee shall be payable to CITY at the address set forth in Section 19 below or at such other address as CITY may from time to time designate in writing. The License Fee for any partial month shall be prorated by dividing the monthly License Fee by thirty (30) and multiplying the quotient by the number of days LICENSEE has the privilege to use the License Area during the partial month. . 3. Term of License. A. Term. The privilege conferred to LICENSEE pursuant to this Agreement shall be for a "Term" commencing on the Commencement Date and expiring on June 30, 2018 ("Expiration Date"). Prior to the expiration of the Agreement, the City, at its sole discretion, may extend the term for up to an additional six months. B. Citv and Licensee Rioht to Revoke. Subject to the foregoing, CITY and Licensee may at its sole option freely revoke this license and terminate this Agreement at any time without cause or liability, and without any obligation to pay any consideration to LICENSEE or return to LICENSEE any part of the License Fee. Upon any expiration, revocation or termination, LICENSEE shall immediately surrender the License Area in the condition required under this Agreement. 4. Use of License Area. A. Authorized Activities on the License Area. LICENSEE may enter upon and use the License Area solely for vehicle parking for its construction workers during construction of the 2075 Broadway Project so long as LICENSEE prohibits its contractors, subcontractors, employees, or agents from parking their vehicles on any public street parking space or public garage ("Activities"). LICENSEE shall not conduct any construction activities on the City Property. LICENSEE acknowledges and understands REV: 12-11-17 VR Page 2 of 12 ATTY/AGR.2017.287/DEVCON CONSTRUCTION/LICENSE AGREEMENT/BRADFORD PARKING