Agmt19 Putnam Lexus Plant treatment plant site lease

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ORIGINAL LICENSE AGREEMENT BETWEEN THE CITY OF REDWOOD CITY AND PUTNAM LEXUS FOR THE FORMER SEWAGE TREATMENT PLANT SITE LICEN E AGREEMENT ("Agreement") is entered into as aO o day of 1 �'"" �'►", 20(the "Effective Date"), by and between THE CITY OF REDWOOD CITY, a charter city and municipal corporation of the State of California ("CITY"), and PUTNAM LEXUS, a division of Toyota Motor Sales, U.S.A., Inc., a California corporation ("LICENSEE"). RECITALS A. CITY owns real property located at the northwestern terminus of Maple Street, Parcel Number 052-398-010, Redwood City, California, as more particularly described in Exhibit A attached hereto and incorporated herein by reference ("City Property"). B. LICENSEE is an auto dealer with a business within the City of Redwood City and is in need of a temporary storage facility for its inventory of new vehicles. C. LICENSEE desires to use a portion of the City Property for vehicle storage purposes, as shown as License Area 5 in the attached Exhibit B ("License Area 6'), except that portion which is depicted as gray and white stripes. The gray and white striped area depicts an access lane available to all users of the City Property. D. CITY has determined that the temporary use proposed by LICENSEE provides a common benefit to the City. E. LICENSEE understands and acknowledges that CITY is concurrently providing a license to others to use portions of the City Property that are not within the License Area 5 (as shown on the attached Exhibit B). F. CITY is willing to provide to LICENSEE a license to use the License Area 5 for vehicle storage purposes, all on the terms set forth herein. AGREEMENT NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Grant of License. Starting on March 1, 2019 (the "Commencement Date"), CITY confers to LICENSEE a revocable, personal, non-exclusive and non -possessory privilege to enter upon and use the License Area 5 for the limited purpose and subject to the terms, conditions and restrictions set forth in Sections 4 and 5, below. This Agreement gives LICENSEE a license only and notwithstanding 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 Page 1 of 13 REV: 03-13-19 PR ATTY/AGR.2019.055/PUTNAM LEXUS