Agmt13 Peninsula Yacht Club - Laserfiche WebLink

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LICENSEE MUST SECURE ALL ADDITIONAL NECESSARY APPROVALS, PERMITS AND CONSENTS, AND DELIVER ALL NECESSARY NOTICES, BEFORE COMMENCING ACTIVITIES IN THE SUBLICENSE AREA, 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 THIS 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 SUBLICENSE AREA FOR LICENSEE'S INTENDED WORK, ACTIVITIES OR FACILITIES. 2. License Fee. As consideration for the grant of the License, LICENSEE shall pay CITY a license fee in the amount of One Thousand Dollars ($1,000.00) 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 20 below or at such other address as CITY may from time to time designate in writing. 3. Authorized Activities on Sublicense Area. A. Authorized Activities on the Sublicense Area. LICENSEE may enter upon and use the Sublicense Area to operate the Peninsula Yacht Club ("Activities"). The Peninsula Yacht Club may be open and operating seven days a week. The hours of operation Sunday through Thursday shall be 8 am to Midnight, except that after 10 pm there shall be no outside activities or outdoor music. The hours of operation Friday and Saturday shall be 8 am to 1 am, except that after 10 pm there shall be no outside activities or outdoor music. CITY reserves the right to change hours of operation at City's sole discretion upon finro weeks' notice to LICENSEE. LICENSEE shall have the further right to pass through the contiguous real property for access to the Sublicense Area. LICENSEE shall not use the Sublicense Area for any other purpose or during any other times without first obtaining CITY's written consent. B. Alterations. Except with CITY's prior written consent, which CITY may withhold in its sole and absolute discretion, LICENSEE shall not make any alterations, additions, improvements or other changes (collectively referred to as "Alterations") on or with respect to the Sublicense Area. If such consent is secured from 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 Sublicense Area. Any damage caused by the installation or removal of Alterations shall be repaired by Licensee at its sole cost and expense, to the satisfaction of the City Manager. C. Subiect to CITY Uses. CITY reserves the right to use the Sublicense Area in common with LICENSEE. The permission granted by this Agreement is non-exclusive in nature. ATTY/AGR/2013.107DOCKTOWN YACHT CLUB SUBLICENSE AGREEMENT REV:08-21-13 VR Page 2 of 12