|
__. i _ _.�,.�. . . ...
<br /> THIS LICENSE IS SUBJECT AND SUBORDINATE TO ALL EXISTING DOCUMENTS AND
<br /> INSTRUMENTS OF RECORD AFFECTING THE WINSLOW LOT. LICENSEE MUST SECURE
<br /> ' A�L ADDITIONAL NECESSARY APPROVALS, PERMITS AND CONSENTS, AND DELIVER
<br /> , ALL NECESSARY NOTICES, BEFORE COMMENGNG ACTIVITIES 1N 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 C1TY, THAT LICENSEE SHALL FULLY COMPLY WITH THE TERMS AND
<br /> ; CONDITIONS OF ANY RULES AND REGULATIONS PROMULGATED BY C1TY AS TNEY
<br /> APPLY TO ANY WORK OR ACTIVITIES TO BE PERFORMED OR FACIUTIES TO BE
<br /> INSTALLED BY LICENSEE ON THE PROPERTY PURSUANT TO THIS AGREEMENT, AND
<br /> CITY SHALL HAVE NO RESPONSlBILITY OR LIABILITY OF ANY KIND WITH RESPECT
<br /> THEREfO. LICENSEE ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY
<br /> OF ITS AGENTS HAVE MADE, AND CITY HEREBY DISCLAIMS, ANY REPRESENTATIONS
<br /> OR 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
<br /> ' office sheds/trailers, short term vehicle parking for material pick-up/delivery (UPS/FedEx)
<br /> and sanitary facilities services and for a temporary by-pass road from time to time.
<br /> UCENSEE shall not conduct any construction activities on the Winslow Lot, other than
<br /> construction necessary to implement the Activities. LICENSEE shall not use the Winslow
<br /> Lot for any other purpose without first obtaining CITY's written consent.
<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,
<br /> ' and (2) signage, pavement and paving work, lighting and other temporary roadway
<br /> improvements reasonably approved by CITY.
<br /> Except as expressly provided above with respect to the Permitted Facilities, LICENSEE
<br /> shall not make any alterations, additions, improvements or other changes without C1TY's
<br /> prior written consent, which CITY may withhold in its sole and absolute discretion. The
<br /> Permitted Facilities, and all other alterations, additions, improvements or other changes on
<br /> or with respect to the Winslow Lot for which the consent of the CITY has been secured are
<br /> hereinafter collectively referred to as the "Alterations." All such Alterations shall be made in
<br /> accordance with all applicable Laws, in a good and workmanlike manner, and at the sole
<br /> cost and expense of LICENSEE. Upon termination of this License, at C1TY's request,
<br /> LICENSEE shall remove all Alterations, if any. No compensation shall be owed to
<br /> LICENSEE in any event for any Alterations made by LICENSEE to the Winslow Lot. Any
<br /> damage caused by the installation or removal of Alterations shall be repaired by Licensee at
<br /> 2
<br /> 2013.118/BLOCK 2 HUNTER STORM ,
<br /> REV:07-26-13 PT
<br />
|