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Section 3. Use of Property. <br />A. The Property shall be used by Licensee solely for the purpose of a one -day vintage <br />market event associated with Licensee's operation of its retail facility. In addition, Licensee shall <br />submit a site plan consisting of the display layout for review by City at least seven (7) City business <br />days prior to the date of the vintage market event. Licensee's failure to comply with this <br />requirement may result in the termination of this Agreement by City staff, without any action by <br />City's City Council. All temporary displays shall comply with Federal, State and local laws. <br />B. The hours of operation of the vintage market event shall be limited to 8:00 a.m. to <br />5:00 p.m. on Saturday, March 10, 2018. <br />C. Licensee's use of the Property shall not jeopardize or endanger the health, welfare, <br />peace or safety of persons visiting, residing, working, or conducting business in the surrounding <br />area. <br />D. All third -party vendors associated with Licensee's use of the Property shall execute <br />and deliver to City, prior to entering upon the Property, a hold harmless agreeement, substantially <br />in the form attached hereto as Exhibit "B." Any vendor not providing City with the hold harmless <br />agreement may be summarily removed from the Property by City officials. <br />Section 4. Alterations and Repairs. Licensee accepts the Property in its "as -is" condition <br />as of the Effective Date of this Agreement, without any warranty, express or implied. <br />Section 5. Maintenance of Property. Licensee shall be responsible for maintaining the <br />Property in a clean and orderly state. Any damage incurred by City due to Licensee's use of the <br />Property shall be the sole responsibility of Licensee. <br />Section 6. <br />mprovements. Licensee shall not make any alterations or improvements to the <br />Property. <br />Section 7. Indemnity. Licensee shall defend, indemnify and hold harmless City, and its <br />elected officials, officers, employees and agents from and against any and all claims, causes of <br />action, damages and liability resulting from any negligent acts or omissions, and the willful <br />misconduct of, Licensee and its agents, employees and invitees, arising from or resulting in <br />connection with their respective occupation and use of the Property during the term of this <br />Agreement. This section shall survive any termination of this Agreement. <br />Section 8. Insurance. Insurance required by this section shall be maintained by Licensee <br />throughout the term of this Agreement. License. Licensee shall provide City with a certificate of <br />insurance and endorsements showing City as an additional insured on the policy prior to <br />Licensee's use and occupancy of the Property. Such insurance shall be primary with respect to <br />City and non-contributory to any insurance or self-insurance maintained by City. The policy <br />shall require that, before amending or canceling the policy, the issuing insurance company shall <br />give City at least thirty (30) days prior written notice. City and Licensee acknowledge and agree <br />that the insurance required of Licensee is subject to annual review by City and subject to <br />increases in the amount and scope of coverage, as reasonably determined by City. <br />2 <br />r:IcaldjmlAgreements\License Agreement Red Rooster Market 2018.docx <br />