Agmt18 1548 Maple, LLC - Laserfiche WebLink

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2. The License granted hereunder is temporary and nonexclusive in nature and does not constitute a grant of easement or leasehold estate of any kind in the Property. Owner reserves all rights to use of all the Property including the Premises. Owner shall install fencing in accordance with Exhibit A and shall temporarily permit pedestrian and bicycle access within the approximately eight (8) foot wide area depicted as "Temporary Bike & Pedestrian Access". Owner may terminate all access to the Temporary Bike & Pedestrian Access area upon thirty (30) day notice to City separately from the remainder of the Premises. Nothing in this Agreement shall be construed as a public dedication of access or recreational rights. 3. The City acknowledges that it is accepting the Premises in its "As is" condition without warranty or representation express or implied. 4. So long as this Agreement is in effect, on the first day of each month, the City shall pay Owner a monthly license fee of $1,000. 5. The term of this Agreement is month-to-month and expiring thirty (30) days after Owner's written notice to City of termination but in no event later than January 1, 2020 ("Term"). 6. During the Term, the City shall cause the Premises and improvements thereon to be maintained in the same condition as the condition was turned over to City. Owner retains the right without liability to the City to enter upon the Premises for any purpose at any time. Owner shall take reasonable steps to minimize interference with the City's operation of the Marina resulting from entry. 7. The City shall be responsible for all utilities utilized by the City or the Boatowners serving the Marina or otherwise utilized by the Boatowners or the City. 8. Upon the expiration or termination of this Agreement, the City shall return the Premises to Owner in the same condition as the condition that was turned over to the City, ordinary wear and tear excepted, free of the Sublicenses and Boatowners. Should the City fail to surrender the Premises upon such expiration or termination, it shall defend, indemnify and hold harmless Owner from any and all liability, loss, damage, cost or expense (including court costs and reasonable attorneys' fees) Owner suffer or incur resulting therefrom. 9. The City shall comply with any law, statute, ordinance or other governmental regulations which relates to the use of the Premises by the City and/or the Boatowners. 10. The City shall not modify or alter any improvements on the Premises without Owner' prior written consent and shall keep the Premises free of liens. 11. The City shall not assign this Agreement (except the Boatowner Sublicenses) without Owner's prior written consent and shall not enter into any Sublicense except as expressly permitted by this Agreement. The Sublicenses shall be personal in nature and Boatowners shall have no right to assign the Sublicenses. 12. Subject to the provisions of paragraph 11 above, the terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. ATTY/AGR/2018.235/DOCKTOWN LANDSIDE LICENSE AGREEMENT REV: 10-02-18 VR Page 2 of 8