Agmt24 Limon (885 Middlefield) - Laserfiche WebLink

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7. LICENSE FEE: A. Except as provided in subsection (B) below, the Licensee shall pay to the City, upon the Effective Date of this Agreement, the "Outdoor Business Activity Permit (Parklets and Sidewalk Cafes) —Annual Use of Space Fee," as adopted by Resolution 16063 of the Council, and as amended from time to time, until this License Agreement is terminated. The Annual Use of Space Fee shall be calculated based on the square footage of the Licensed Area and for this License Agreement is initially set at $7,486.08. The Licensee is solely responsible for confirming the accuracy of the square footage of the Licensed Area. B. Waiver of Fee. If the Licensee applied for an Outdoor Business Activity Permit under the Program by January 20, 2023, and signed their license agreement, indicating full permit issuance, by October 31, 2024, the License Fee described in subsection (A) shall be waived for the first year of this License Agreement. 8. REPAIR AND MAINTENANCE: A. The Licensee, at its sole cost and expense, agrees to repair and maintain the Licensed Area and all Improvements located thereon in good repair and condition (including the making of all necessary replacements) and in a neat, safe and clean condition. The City shall not be responsible for any damages or destruction of any Improvements to the Licensed Area. B. The Licensee shall comply, at all times, with the terms and conditions of this License Agreement and with the Operation and Maintenance standards identified in the Guidelines, as may be amended from time to time, and any governmental laws, rules and regulations applicable to the Licensed Area or the Improvements. C. The Licensee's obligations under this License Agreement include, but are not limited to, the making of all necessary repairs and replacements to all parts of the Licensed Area and any Improvements thereon, whether structural or non-structural, ordinary or extraordinary. The Parties agree that the City has no obligation to maintain, repair or replace any part of the Licensed Area or Improvements thereon during the term of this License Agreement. 9. ACCEPTANCE; CONSTRUCTION OF IMPROVEMENTS: A. The Licensee acknowledges that prior to entering into this License Agreement it has investigated and inspected the Licensed Area to the full extent that the Licensee has deemed necessary and appropriate. The Licensee acknowledges that the City has made, and is making, no representations or warranties, express or implied, as to the condition of the Licensed Area or as to the suitability of the Licensed Area for the Licensee's intended use. THE LICENSEE ACCEPTS THE LICENSED AREA "AS -IS" AND "WHERE -IS", WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE, AND SUBJECT TO ALL MATTERS, LIMITATIONS, CONDITIONS, AND RESTRICTIONS WHETHER OR NOT OF PUBLIC RECORD. B. The Licensee agrees that any and all work in the Licensed Area will be performed in a good and workmanlike manner, pursuant to plans and specifications reasonably REV: 10-16-24 JB ATTY/AGR.2024.192/Limon (885 Middlefield Rd) (Page 4 of 33)