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Agmt24 Limon (885 Middlefield)
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Agmt24 Limon (885 Middlefield)
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Last modified
10/22/2024 3:02:23 PM
Creation date
10/22/2024 3:01:50 PM
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Agreement
PROJECT NAME
Revised Outdoor Business Activity License Agreement_10.17.2024
RMP File Number
304.5
Date
10/17/2024
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omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in <br />whole or in part during the policy period. Sudden and accidental pollution coverage in the <br />liability policies required hereunder shall be limited to losses resulting from Licensee's use of the <br />Licensed Area under this Agreement. <br />D. Providing Certificates of Insurance and Endorsements. Prior to Effective <br />Date of this License Agreement, Licensee shall deliver to the City certificates of insurance and <br />additional insured policy endorsements from insurers in a form satisfactory to the City, <br />evidencing the coverages required hereunder, together with complete copies of the policies at the <br />City's request. <br />E. Claims Made Insurance. Should any of the required insurance be provided <br />under a claims made form, the Licensee shall maintain such coverage continuously throughout <br />the Term and, without lapse, for a period of three (3) years beyond the License Agreement <br />expiration or termination, to the effect that should any occurrences during the Term give rise to <br />claims made after expiration or termination of the License Agreement, such claims shall be <br />covered by such claims -made policies. <br />12. TERMINATION: <br />A. This License Agreement may be terminated at any time by the City or the <br />Licensee for any reason, upon ten (10) business days' written notice. <br />B. This License Agreement shall terminate immediately upon the breach by <br />the Licensee of any terms and conditions of this License Agreement or any terms and conditions <br />imposed during the Renewal Term. <br />C. This License Agreement shall terminate immediately upon revocation of <br />the Licensee's Encroachment Permit. <br />D. If the Licensee terminates use of the Licensed Area for more than thirty <br />(30) 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 <br />immediately remove all Improvements and return the Licensed Area to as good as or a better <br />condition than, the Licensed Area existed prior to the License Agreement. <br />(i) If the Licensee fails to remove the Improvements, the City shall <br />give written notice of its intent to remove and destroy or otherwise dispose of any Improvements <br />("Removal Notice"). The Removal Notice shall identify the date and time that the Licensee must <br />remove the Improvements from the Licensed Area ("Removal Date"), which shall be at least ten <br />calendar days from the date of the Removal Notice. <br />(ii) If the Licensee responds to the Removal Notice and requests <br />additional time to remove the Improvements, the City may agree to any such request and new <br />Removal Date, in its sole discretion. <br />REV: 10-16-24 JB <br />ATTY/AGR.2024.192/Limon (885 Middlefield Rd) (Page 7 of 33) <br />
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