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LICENSE AGREEMENT BY AND BETWEEN THE CITY OF REDLANDS <br />AND DAVID ROCHE CONSTRUCTION <br />This License Agreement ("Agreement") is made and entered into this 7th day of December, <br />2021 ("Effective Date") by and between the City of Redlands, a municipal corporation ("City") and <br />David Roche Construction, a California company ("Licensee") City and Licensee are sometimes <br />individually referred to herein as a "Party" and, together, as the "Parties " <br />RECITALS <br />WHEREAS, City is the fee simple owner of certain real property located in the city of <br />Redlands commonly identified as county of San Bernardino Assessor's Parcel No 0300-241-25- <br />0000 (the "Property) and more particularly described and shown on Exhibit "A," which is attached <br />hereto and incorporated herein by this reference; and <br />WHEREAS, Licensee desires to enter upon the Property, from time to time in accordance <br />with the provisions this Agreement, to construct, at no cost to City, a canopy structure (the <br />"Canopy") on the Property; and <br />WHEREAS, Licensee has represent to City, and acknowledges and agrees, that Licensee's <br />compensation cost of construction for the Canopy are the sole responsibility of The Redlands <br />Conservancy, and City shall have no liability or responsibility therefor, and <br />WHEREAS, City desires to grant Licensee a non-exclusive, revocable license to enter upon <br />the Property and construct the Canopy on the Property on the terms and conditions hereinafter set <br />forth, <br />NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of <br />Redlands and David Roche Construction agree as follows <br />Section 1 <br />by this reference. <br />Recitals The foregoing Recitals are true and correct and incorporated herein <br />Section 2. Grant of License. City hereby grants to Licensee, and its employees and <br />agents, a non-exclusive, revocable license to enter upon and use, as the case may be, subject to all <br />of the terms and conditions hereof, the Property for the construction of the Canopy All activities of <br />Licensee undertaken in connection with Licensee's construction of the Canopy shall be performed <br />in accordance with all applicable federal, state, and local laws Licensee acknowledges and agrees <br />that The Redlands Conservancy and Licensee shall be financially obligated and responsible for all <br />costs associated with Licensee's construction of the Canopy <br />Section 3. Term. The term of this Agreement shall commence on its Effective Date and <br />end on December 7, 2022, unless earlier terminated as may be provided for herein. <br />Section 4. Plans and Specifications. Licensee shall construct the Canopy in accordance <br />with the specifications provided to City, copies of which are attached hereto as Exhibit "A," which <br />is attached hereto and incorporated herein by this reference, and on file in City's Facilities and <br />Community Services Department. <br />1 <br />L:\ca\djm\Agreements\David Roche Construction License Agreement.FY21-0053.docx jn <br />