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7. Lathrop Property- License Agreement Attachment 1 08/23/2012 Exhibit A City Property, or any portion thereof. Nothing in this Agreement shall be construed as granting or creating any franchise rights pursuant to any federal, state or local laws. THE PRIVILEGE GIVEN TO LICENSEE UNDER THIS USE AGREEMENT IS EFFECTIVE ONLY INSOFAR AS THE RIGHTS OF CITY IN THE CITY PROPERTY ARE CONCERNED, AND LICENSEE SHALL OBTAIN ANY FURTHER PERMISSION NECESSARY BECAUSE OF ANY OTHER EXISTING RIGHTS AFFECTING THE CITY PROPERTY. WITHOUT LIMITING THE FOREGOING, THIS LICENSE IS SUBJECT AND SUBORDINATE TO ALL EXISTING DOCUMENTS AND INSTRUMENTS OF RECORD AFFECTING THE CITY PROPERTY. LICENSEE MUST SECURE ALL ADDITIONAL NECESSARY APPROVALS, PERMITS AND CONSENTS, AND DELIVER ALL NECESSARY NOTICES, BEFORE COMMENCING ACTIVITIES IN THE CITY PROPERTY, INCLUDING ANY APPROVALS, PERMITS, CONSENTS OR NOTICES REQUIRED FROM OR TO CITY OR ANY OTHER AGENCY. LICENSEE COVENANTS AND AGREES, FOR THE BENEFIT OF CITY, THAT LICENSEE SHALL FULLY COMPLY WITH THE TERMS AND CONDITIONS OF ANY RULES AND REGULATIONS PROMULGATED BY CITY AS THEY APPLY TO ANY WORK OR ACTIVITIES TO BE PERFORMED OR FACILITIES TO BE INSTALLED BY LICENSEE ON THE PROPERTY PURSUANT TO TMIS AGREEMENT, AND CITY SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND WITH RESPECT THERETO. LICENSEE ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY OF ITS AGENTS HAVE MADE, AND CITY HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PRESENT OR FUTURE SUITABILITY OF THE CITY PROPERTY FOR LICENSEE'S INTENDED WORK, ACTIVITIES OR FACILITIES. 2. License Fee. As consideration for the grant of the License, LIC ENSEE shall pay CITY a license fee in the amount of Three Hundred Dollars ($300.00) per month ("License Fee"). Each monthly installment of the License Fee shall be payable in advance, on or before the first day of each month commencing on the Commencement Date. License fees shall be payable to CITY at the address set forth in Section 19 below or at such other address as CITY may from time to time designate in writing. 3. Authorized Activities on Citv P ropertv A. Authorized Activities on the Citv Propertv. LICENSEE may enter upon and use the City Property Monday through Saturday during the hours of 7:00 a.m. and 6:00 p.m. solely for vehicle parking purposes for its construction workers during construction of the Lathrop PARC project ("Activities"). LICENSEE shall not conduct any construction activities on the City Property. LICENSEE shall not use the City Property at any other time without first obtaining CITY's written consent. B. Alterations. Except with CITY's prior written consent, , which CITY may withhold in its sole discretion, LICENSEE shall not make any alterations, additions, improvements or other changes (collectively referred to as "Alterations") on or with respect to the City Property. If such consent is secured for CITY, all such Alterations shall be made in accordance with all applicable Laws, in a good and workmanlike manner, and at the sole cost and expense of LICENSEE. Upon termination of this License, at CITY's request, LICENSEE shall remove all Alterations, if any. No compensation shall be owed to LICENSEE in any event for any Alterations made by LICENSEE to the City Property. Any damage caused by the installation or removal of Alterations shall be repaired by Licensee at its sole cost and expense, to the sati sfaction of the City Manager. ATTY/AGR/2012.096/LATHROP PARC LICENSE AGREEMENT REV:07-17-12 VR Page 2 of 12 OB RESO #12-03