|
_ ; _ _,: ., __
<br /> its officers, agents or employees, and subject to all applicable laws, rules and ordinances
<br /> governing the use of the Winslow Lot. Without limiting the foregoing, this License is made
<br /> subject to any and all existing and future covenants, conditions, restrictions, easements,
<br /> encumbrances and other title matters affecting the Winslow Lot, whether foreseen or
<br /> unforeseen, if such matters are of record or would be disclosed by an accurate inspection or
<br /> survey.
<br /> 11. No Assiqnment. This Use Agreement and License is personal to LICENSEE and shall
<br /> not be assigned, conveyed or otherwise transferred by LICENSEE under any circumstances,
<br /> except to a person or entity to whom LICENSEE's rights under the DDA are transferred in
<br /> accordance with the terms of the DDA. Any attempt to assign, convey or otherwise transfer this
<br /> License except in accordance with the preceding sentence shall be null and void and cause the
<br /> immediate termination and revocation of this License.
<br /> 12. Covenant Not to Dlscriminate. In the performance of this its activities pursuant to this
<br /> License, LICENSEE agrees not to discriminate against any employee, any CITY employee
<br /> ' working with LICENSEE, or applicant for employment with LICENSEE, or against any person
<br /> seeking accommodations, advantages, facilities, privileges, services, or membership in all
<br /> business, social, or other establishments or organizations, on the basis of the fact or perception
<br /> of a person's perceived race, religious creed, color, national origin, ancestry, physical disability,
<br /> ; mental disability, medical condition (cancer-related or genetic characteristics}, marital or
<br /> : domestic partner status, gender and/or gender identity, age (40 or over), or sexual orientation
<br /> ', (including heterosexuality, homosexuality, and bisexuality).
<br /> 13. Liens. LICENSEE shall not permit any liens of any type, including but not limited
<br /> ; to mechanic's or material men's liens, stop notices or other liens (collectively, "Liens") to be
<br /> filed against the Winslow Lot by reason of any action or inaction by LICENSEE. If any Liens of
<br /> any type are filed against the Winslow Lof during the term of this Agreement as a result, directly
<br /> ' or indirectly, of any action or inaction by LICENSEE, LICENSEE shall cause the same to be
<br /> discharged of record, by payment of the claim, by posting and recording the bond contemplated
<br /> by the California Civil Code Section 3143, or by other action acceptable to CITY, within 20 days
<br /> after demand by CITY. LICENSEE shall indemnify, hold harmless, and defend CITY and CITY
<br /> ' Indemnified Parties from and against any and all claims relating to such Liens.
<br /> 14. Compliance with Laws. LiCENSEE shall, at its expense, conduct and cause to be
<br /> conducted all activities on the Winslow Lot allowed hereunder in a safe and reasonable manner
<br /> ' and in compliance with all Laws of any governmental or other regulatory entity (including,
<br /> without limitation, the Americans with Disabilities Act) and all covenants, restrictions and
<br /> provisions of record, whether presently in effect or subsequently adopted and whether or not in
<br /> ' the contempfation of the parties ("Laws"). LICENSEE shall, at its sole expense, procure and
<br /> maintain in force at all times during its use of the Winslow Lot any and all business and other
<br /> licenses or approvals necessary to conduct the activities allowed hereunder. LICENSEE
<br /> understands and agrees that CITY is entering into this License in its capacity as a property
<br /> owner with a proprietary interest in the Winslow Lot and not as a regulatory agency with police
<br /> powers. LICENSEE further understands and agrees that no approval by CITY for purposes of
<br /> this Agreement shall be deemed to constitute approvai of any federal, state, C17Y or other local
<br /> regulatory authority with jurisdiction, and nothing herein shall limit LICENSEE's obligation to
<br /> obtain all such regulatory approvals at LICENSEE's sole cost, or limit in any way CITY's
<br /> exercise of its police powers.
<br /> d
<br /> 2013.118/BLOCK 2 HUNTER STORM
<br /> REV:07-26-13 PT
<br />
|