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HomeMy WebLinkAboutContracts & Agreements_70-2010_CCv0001.pdf ii REAL PROPERTY LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made and entered into this 18`h day of May 2010 (the "Effective Date"), by and between the Patricia Hicks (hereinafter referred to as "LICENSOR"), and the City of Redlands, a municipal corporation (hereinafter referred to as "LICENSEE"). LICENSOR and. LICENSEE are sometimes herein individually referred to herein as a "Party" and, together, as the "Parties." For valuable consideration, receipt of which is acknowledged,the Parties agree as follows: I. License. LICENSOR hereby grants to LICENSEE a license (the "License") for a portion of the building at 1323 West Colton Avenue, Redlands, California (the "Premises"), as shown on Exhibit "A," to install, service and maintain video cameras. The License is subject to the terms, covenants and conditions hereinafter set forth and LICENSEE covenants, as a material part of the consideration for this License. to keep and perform each and every term, covenant and condition of this License. 2. Term. LICENSEE acknowledges that this License shall commence on this Agreement's Effective Date and shall thereafter continue on a month-to-month basis subject to a thirty (30) day written termination notice by either Party (the "License Term"). 3. Personal Property LICENSEE and LICENSOR agree that all personal property affixed on the Premises by LICENSEE shall remain the property of LICENSEE. Upon termination of this License, LICENSEE shall quit the Premises and remove all of LICENSEE'S personal property. 4. Taxes. LICENSOR shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed during the License Term, upon all of LICENSEE`s interest in and to the Premises, equipment, fixtures and personal property located on the Premises. 5. Indemnification. LICENSEE shall indemnify and hold LICENSOR free and harmless from all claims for damage to persons or property by reason of LICENSEE's negligent acts or omissions, and those negligent acts or emissions of LICENSEE's employees, in connection with. LICENSEE's use of the Premises. LICENSOR shall defend, indemnify and hold LICENSEE and its elected officials, officers, agents and employees free and harmless from all claims for damage to persons or property by reason of LICENSOR's negligent acts or omissions, and those negligent acts or omissions ofLICENSOR's employees, agents, guests or invitees. 6. Successors. Each and all of the covenants and conditions of this License shall be binding on and shall inure to the benefit of the successors of'the respective Parties. 1'ea'dpn Alreemetits Hicks License rlg*t't't"inent,duc 1- 7. Notices. Any notice required or permitted under the terms of this License shall be deemed given when personally served on LICENSEE or LICENSOR or on the date when the same has been placed in the United States mail, postag e prepaid and addressed as follows: LICENSOR: Patricia Hicks 1323 West Colton Avenue Redlands, CA 92373 LICENSEE: City of Redlands Attention: City Manager 35 Cajon Street, Suite 204 Post Office Box 3005 Redlands, California 92373 8. Severability. In the event that any provision of this License is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this License and shall in no way affect, impair or invalidate any other provision contained herein. if any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 9. Disputes — Attorneys' Fees. If either Party to this License is required to initiate or defend litigation in any way connected with this License, the prevailing Party in such litigation, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable zn attorneys' fees, including fees for the use of In-house counsel by a Party. 10. Entire Agreement. This License contains the entire agreement between the Parties as to the matters contained herein. No promise, representation, warranty, or covenant not included in this License has been or is relied on by either Party. WHEREFORE, the Parties hereto have entered into the License effective as of the date first above written. LICENSOR: LICENSEE: Patricia Hicks City of Redlands, a municipal corporation. By: By: Patricia Hicks Pat Gilbreath, Mayor ATTEST: Sam lrkvin, City Clerk I ca cin Agreements Ificks License AtYreen1e11t,(J(,c EXHIBIT "A" SITE MAP Licensed Premises I t,caA,im;Atrreenicills flicks Licellse Agrceill 7it.doc � � Proposed camera location at the Revolution night club ro W!v t §� v h. n t � rc ti C- A i �,aH�'iJrA � 4V Q f Mti { � b