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Agmt25 A Pe Pe, Inc. (2616 Broadway)
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Agmt25 A Pe Pe, Inc. (2616 Broadway)
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Last modified
8/28/2025 1:23:29 PM
Creation date
8/28/2025 1:22:22 PM
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Agreement
PROJECT NAME
Outdoor Business Activity License Agreement
RMP File Number
304.5
Date
8/13/2025
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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 />(iii). If the Licensee does not respond to said Removal Notice by the <br />Removal Date and/or fails to remove the Improvements by the Removal Date, as may be <br />amended pursuant to subsection (E)(ii), the Parties agree that the Licensee's failure to remove <br />the Improvements shall be deemed by the Licensee to be a relinquishment of all ownership rights <br />and title to the Improvements to the City. Upon said relinquishment, the City may enter the <br />Licensed Area and remove and destroy or otherwise dispose of the Improvements and return the <br />Licensed Area to pre -License Agreement conditions. <br />(iv). The Licensee shall be responsible for any costs the City incurs <br />relating to the removal and destruction or disposal of the Improvements, including but not <br />limited to compensation for all City staff time and payment of all third parry 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 />REV: 08-11-25 VR <br />ATTY/AGR.2025.207/A Pa Pe, Inc. (2616 Broadway) (Page 7 of 55) <br />
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