Agmt13 Rudolph and Sletten, Inc - Laserfiche WebLink

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conditions and restrictions set forth in Sections 4 and 5, below. This Agreement gives LICENSEE a license only and nofinrithstanding anything to the contrary herein, this license does not constitute a grant by CITY of any ownership, leasehold, easement or other property interest or estate whatsoever in the 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. 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 ACTIVITIES. 2. License Fee. As consideration for the grant of the license, LICENSEE shall pay CITY a license fee in the amount of One Thousand Eight Hundred Dollars ($1,800.00) 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. The License Fee 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. The License Fee for any partial month shall be prorated by dividing the monthly License Fee by thirty (30) and multiplying the quotient by the number of days LICENSEE has the privilege to use the City Property during the partial month. As additional consideration for this Agreement, LICENSEE shall return to CITY at least fifty-six (56) parking permits currently issued to LICENSEE or its subcontractors, employees, or agents for the Marshall Street Parking Garage, within seven (7) days following the commencement of the Extended Term and/or City Council approval as described in Section 26 below. 3. Term of License. A. Term. The privilege conferred to LICENSEE pursuant to this Agreement shall be for a "Term" commencing on the Commencement Date and expiring on January 17, 2015 ("Expiration Date"). B. City and Licensee Riaht to Revoke. Subject to the foregoing, CITY and Licensee may at its sole option freely revoke this license and terminate this Agreement at any time without cause or liability, and without any obligation to pay any consideration to LICENSEE or return to LICENSEE any part of the License Fee. Upon any expiration, revocation or termination, LICENSEE shall immediately surrender the City Property in the condition required under this Agreement. 4. Use of Citv Propertv. A. Authorized Activities on the Citv Propertv. LICENSEE may enter upon and use the City Property solely for vehicle parking for its construction workers, and may also use the City Property for storage of up to six (6) unoccupied trailers or containers during construction of the Kaiser Project so long as LICENSEE prohibits its contractors, subcontractors, employees, or agents from parking their vehicles at the Marshall Street Parking Garage ("Activities"). LICENSEE shall not conduct any construction activities on the City Property. LICENSEE acknowledges and understands that CITY intends to make the City Property available for vehicle parking use by the public during weekday evenings beginning at 6:00 p.m. and all day Saturdays and Sundays. ATTY/AGR/2012.190/KAISER(RUDOLPH&SLETTEN)LICENSE AGREEMENT REV: 1-18-13 VR Page 2 of 12