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AgdaPkt 2013-01-14
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AgdaPkt 2013-01-14
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Last modified
1/15/2013 8:49:52 AM
Creation date
1/10/2013 4:10:40 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
1/14/2013
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6.1.F. - Page 4 <br /> and restrictions set forth in Section 4, below. This Agreement gives LICENSEE a license only <br /> and notwithstanding anything to the contrary herein, this license does not constitute a grant by <br /> CITY of any ownership, leasehold, easement or other property interest or estate whatsoever in <br /> the City Property, or any portion thereof. Nothing in this Agreement shall be construed as <br /> granting or creating any franchise rights pursuant to any federal, state or local laws. <br /> LICENSEE ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY OF ITS <br /> AGENTS HAVE MADE, AND CITY HEREBY DISCLAIMS, ANY REPRESENTATIONS OR <br /> WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PRESENT OR FUTURE <br /> SUITABILITY OF THE CITY PROPERTY FOR LICENSEE'S INTENDED ACTIVITIES. <br /> 2. License Fee. As consideration for the grant of the license, LICENSEE shall pay CITY a <br /> license fee in the amount of One Thousand Eight Hundred Dollars ($1,800.00) per month <br /> ("License Fee"). Each monthly installment of the License Fee shall be payable in advance, on <br /> or before the first day of each month commencing on the Commencement Date. The License <br /> Fee shall be payable to CITY at the address set forth in Section 19 below or at such other <br /> address as CITY may from time to time designate in writing. The License Fee for any partial <br /> month shall be prorated by dividing the monthly License Fee by thirty (30) and multiplying the <br /> quotient by the number of days LICENSEE has the privilege to use the City Property during the <br /> partial month. As additional consideration for this Agreement, LICENSEE shall return to CITY at <br /> least fifty-six (56) parking permits currently issued to LICENSEE or its subcontractors, <br /> employees, or agents for the Marshall Street Parking Garage, within seven (7) days following <br /> the commencement of the Extended Term and/or City Council approval as described in Section <br /> 26 below. <br /> 3. Term of License. <br /> A. Initial Term. The privilege conferred to LICENSEE pursuant to this Agreement shall <br /> initially be for a twenty-five (25) day term ("Initial Term"), commencing on the <br /> Commencement Date and expiring on January 18, 2013 ("Initial Term Expiration <br /> Date"). <br /> B. Extended Term. The privilege conferred to LICENSEE pursuant to this Agreement <br /> shall be extended for a two (2) year term ("Extended Term"), commencing on the Initial <br /> Term Expiration Date and expiring on January 17, 2015 ("Extended Term Expiration <br /> Date"), if and only if the City Council approves this Agreement as more particularly <br /> described in Section 26 below. The word "Term" as used in this Agreement shall refer <br /> to the Initial Term and the Extended Term, if any. <br /> C. City and Licensee Riqht to Revoke. Subject to the foregoing, CITY and Licensee <br /> may at its sole option freely revoke this license and terminate this Agreement at any time <br /> without cause or liability, and without any obligation to pay any consideration to <br /> LICENSEE or return to LICENSEE any part of the License Fee. Upon any expiration, <br /> revocation or termination, LICENSEE shall immediately surrender the City Property in <br /> the condition required under this Agreement. <br /> 4. Use of Citv Propertv. <br /> A. Authorized Activities on the Citv Propertv. LICENSEE may enter upon and use the <br /> City Property solely for vehicle parking for its construction workers, and may also use the <br /> City Property for storage of up to six (6) unoccupied trailers or containers during <br /> ATTY/AGR/2012.190/KAISER(RUDOLPH&SLETTEN)LICENSE AGREEMENT <br /> REV: 12-18-12 VR <br /> Page 2 of 13 <br />
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