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05/06/2019 <br />F. WHEREAS, Permittee has agreed to compensate City for staff time and <br />City resources used to implement the 2019 Pilot Program. <br />G. WHEREAS, City is willing to authorize use and issue the PDD Permit <br />subject to the parties entering into this PDD Agreement, subject to the terms of this PDD <br />Agreement and the PDD Permit issued concurrently herewith. <br />NOW THEREFORE, in consideration of the mutual covenants, promises, and <br />faithful performance of the terms and conditions herein, the parties agree as follows: <br />1. Description of Real Property. The real property affected by this PDD <br />Agreement is the Right of Way as defined in Recital A, above, and is referred to as the <br />"Service Area" provided, however, that PDD Operations shall be primarily limited to those <br />portions of the Right of Way consisting of sidewalks, crosswalks, and other areas typically <br />used for pedestrian travel rather than streets or areas used for bicycle or vehicular travel. <br />2. Term. The term of this PDD Agreement shall commence on the Agreement <br />Date and shall expire on May 7, 2021, unless this PDD Agreement is earlier terminated, <br />the PDD Permit is revoked, and/or 2019 Pilot Program Termination occurs. <br />3. Payment Terms. Permittee agrees to pay City a total amount of <br />to cover all resources, expenses, and City staff time for implementing the <br />2019 Pilot Program. <br />4. Termination. Notwithstanding anything in this PDD Agreement or the PDD <br />Permit to the contrary, City may at its sole option freely revoke and terminate the 2019 <br />Pilot Program, PDD Agreement, or PDD Permit at any time without cause or liability, and <br />without any obligation to pay any consideration to Permittee. Upon any such termination <br />or revocation, this PDD Agreement shall automatically terminate, the PDD Permit shall <br />automatically be revoked, and Permittee shall immediately stop PDD Operations. <br />5. PDD Permit. After execution of this PDD Agreement, City will issue a PDD <br />Permit provided that all appropriate materials and information have been given to, and <br />approvals have been granted by, City hereunder. The PDD Permit is and shall be subject <br />to the Conditions of Approval. <br />6. Indemnification. This Section 6 (Indemnification) shall survive expiration or <br />Page 11 of 20 <br />ATTY/DOCS-RESOLUTIONS/2019/RE50.0042 CC RESO PDD PILOT PROGRAM RESO. NO. 15763 <br />REV: 04-25-19 DZ MUFF NO. 604 <br />