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Agmt24 Curry Pizza House (900A Middlefield)
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Agmt24 Curry Pizza House (900A Middlefield)
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Last modified
9/13/2024 1:23:20 PM
Creation date
9/13/2024 1:22:58 PM
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Agreement
PROJECT NAME
Outdoor Business Activity License Agreement_9.13.2024
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C. This License Agreement shall terminate immediately upon revocation of the <br />Licensee's Encroachment Permit. <br />D. If the Licensee terminates use of the Licensed Area for more than thirty (30) <br />consecutive days or ceases business operations the License Agreement will be deemed <br />terminated. <br />E. Upon termination of the License Agreement, the Licensee shall immediately <br />remove all Improvements and return the Licensed Area to as good as or a better condition than, <br />the Licensed Area existed prior to the License Agreement. <br />(i) If the Licensee fails to remove the Improvements, the City shall give <br />written notice of its intent to remove and destroy or otherwise dispose of any <br />Improvements ("Removal Notice"). The Removal Notice shall identify the date and time <br />that the Licensee must remove the Improvements from the Licensed Area ("Removal <br />Date"), which shall be at least ten calendar days from the date of the Removal Notice. <br />(ii) If the Licensee responds to the Removal Notice and requests additional <br />time to remove the Improvements, the City may agree to any such request and new <br />Removal Date, in its sole discretion. <br />(iii) If the Licensee does not respond to said Removal Notice by the Removal <br />Date and/or fails to remove the Improvements by the Removal Date, as may be amended <br />pursuant to subsection (E)(ii), the Parties agree that the Licensee's failure to remove the <br />Improvements shall be deemed by the Licensee to be a relinquishment of all ownership <br />rights and title to the Improvements to the City. Upon said relinquishment, the City may <br />enter the Licensed Area and remove and destroy or otherwise dispose of the <br />Improvements and return the Licensed Area to pre -License Agreement conditions. <br />(iv) The Licensee shall be responsible for any costs the City incurs relating to <br />the removal and destruction or disposal of the Improvements, including but not limited to <br />compensation for all City staff time and payment of all third party contractor fees and <br />attorneys' fees, to restore the Licensed Area to its pre -License Agreement condition. <br />12. TAXES. The Licensee agrees to pay all real property taxes and assessments <br />(whether general or special), if any, which may be levied against the Licensed Area, including <br />any Improvements located on the Licensed Area, during the term of this License Agreement. <br />13. ASSIGNMENT; SUBLETTING: The Licensee may not, either voluntarily or <br />involuntarily, assign, sublet, transfer, hypothecate or encumber all or any part of its interest in <br />this License Agreement or the Licensed Area or any Improvements. <br />14. NOTICES. Except as otherwise required by law, notices desired or required to be <br />given by this License Agreement may be given by enclosing the same in a sealed envelope <br />addressed to the party for whom intended and sent by commercial delivery service or by <br />depositing such envelope, with postage prepaid, in the United States Post Office or any <br />substation thereof, or any public letter box, and any such notice and the envelope containing the <br />same shall be addressed to the Lessor at <br />REV: 09-11-24 VR <br />ATTY/AGR.2024.158/Curry Pizza House (900A Middlefield Rd) (Page 7 of 26) <br />
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