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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 5 <br /> construction of the Kaiser Project so long as LICENSEE prohibits its contractors, <br /> subcontractors, employees, or agents from parking their vehicles at the Marshall Street <br /> Parking Garage ("Activities"). LICENSEE shall not conduct any construction activities <br /> on the City Property. LICENSEE acknowledges and understands that CITY intends to <br /> make the City Property available for vehicle parking use by the public during weekday <br /> evenings beginning at 6:00 p.m. and all day Saturdays and Sundays. <br /> B. Alterations. Except with CITY's prior written consent, which CITY may withhold in <br /> its sole and absolute discretion, LICENSEE shall not make any alterations, additions, <br /> improvements or other changes (collectively referred to as "Alterations") on or with <br /> respect to the City Property. If such consent is secured from CITY, all such Alterations <br /> shall be made in accordance with all applicable Laws, in a good and workmanlike <br /> manner, and at the sole cost and expense of LICENSEE. Upon termination of this <br /> Agreement, at CITY's request only, LICENSEE shall remove any and all Alterations. No <br /> compensation shall be owed to LICENSEE in any event for any Alterations made by <br /> LICENSEE to the City Property. Any damage caused by the installation or removal of <br /> Alterations shall be repaired by LICENSEE at its sole cost and expense, to the <br /> satisfaction of the City Manager. <br /> C. Subiect to CITY Uses. CITY reserves the right to use the City Property in common <br /> with LICENSEE. The permission granted by this Agreement is non-exclusive in nature. <br /> City reserves the right to open the City Property to the public or enter into agreement <br /> with other parties for use of the Property. Notwithstanding the foregoing, however, no <br /> other licensee shall be allowed to use the City Property between the hours of 7:00 a.m. <br /> and 6:00 p.m Monday through Friday. <br /> D. Responsibilitv for Vehicles. LICENSEE shall be solely responsible for all vehicles <br /> stored on the City Property pursuant hereto, and CITY shall have no duty whatsoever for <br /> any vehicle or personal property stored on the City Property. <br /> E. Revocabilitv. LICENSEE acknowledges and agrees that the installation of any <br /> improvements or facilities permitted hereunder, regardless of cost, shall not in any way <br /> whatsoever limit CITY's right to revoke this license pursuant to the terms hereof or any of <br /> CITY's other rights hereunder. <br /> 5. Restrictions on Use. LICENSEE agrees that, by way of example only and without <br /> limitation, the following uses of the City Property by LICENSEE, or any other person claiming by <br /> or through LICENSEE, are inconsistent with the limited purpose of this license and are strictly <br /> prohibited as provided below: <br /> A. Dumpinq. LICENSEE shall not cause or permit the dumping or other disposal in, on, <br /> under or about the City Property of landfill, refuse, Hazardous Material (as defined <br /> below) or any other materials, including but not limited to materials that are unsightly or <br /> could pose a hazard to the human health or safety, native vegetation or wildlife, or the <br /> environment. <br /> B. Hazardous Material. LICENSEE shall not cause, nor shall LICENSEE allow any of <br /> its Agents or Invitees (as such terms are defined below) to cause, any Hazardous <br /> Material (as defined below) to be brought upon, kept, used, stored, generated, released <br /> or disposed of in, on, under or about the City Property, or transported to, from or over <br /> the City Property. LICENSEE shall immediately notify CITY when LICENSEE learns of, <br /> ATTY/AGR/2012.190/KAISER(RUDOLPH&SLETTEN)LICENSE AGREEMENT <br /> REV: 12-18-12 VR <br /> Page 3 of 13 <br />
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