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Section 5. Compliance with California Labor Code. Licensee acknowledges that <br />Licensee's construction of the Canopy, while permitted by City to be undertaken on the Property <br />by Licensee, is a privately funded project with no financial contribution by City, and the <br />determination of whether California Labor Code prevailing wage laws, and other applicable <br />California Labor Code provisions applicable to "public work" projects (as defined by California <br />Labor Code section 1720 et seq) are applicable to Licensee's construction of the Canopy, and <br />Licensee's compliance therewith, shall be made solely by Licensee. Licensee expressly agrees City <br />shall have no responsibility, obligation or liability therefor <br />Section 6. Notice of Entry. Licensee shall provide at least one day's prior written notice <br />to City of the dates on which Licensee desires to enter upon the Property <br />Section 7. Possession and Condition of Property Not Warranted. City does not warrant <br />or represent that the Property is suitable for Licensee's entry upon or construction of the Canopy, <br />or for any other purpose, and Licensee agrees to enter and use, as the case may be, the Property in <br />its "as is" condition, and construct the Canopy on the Property at its own risk. Licensee shall not <br />seek to hold City for responsible or liable for any claim of damages, restitution, or other relief by <br />Licensee or any other entity or person in connection with such entry or construction. <br />Section 8. Ownership of Canopy. Upon Licensee's completion and City's written <br />acceptance of the Canopy, City shall be the owner of the Canopy <br />Section 9. Termination. This Agreement may be terminated by City, for any reason <br />and in its sole discretion, upon ten (10) days prior written notice to Licensee, provided, however, <br />in the event City determines that the public health, safety, or welfare is jeopardized, or that <br />Licensee is in material breach of this Agreement, City in its sole discretion may provide written <br />notice to Licensee to immediately suspend Licensee's performance of its obligations under this <br />Agreement, or terminate this Agreement. <br />Section 10. Notice. Any notice or other communication required, or which may be given, <br />pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on <br />the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, with <br />return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or <br />(iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed <br />with a copy sent contemporaneously by first class, certified, registered or express mail, in each <br />case properly posted and fully prepaid to the appropriate address set forth below, or such other <br />address as a Party may provide notice in accordance with this section. <br />CITY <br />Chris Boatman, Director <br />Facilities and Community Services Dept. <br />35 Cajon Street, Ste 222 <br />PO Box 3005 (mailmg) <br />Redlands, CA 92373 <br />cboatman@cityofredlands.org <br />909-798-7655 <br />LICENSEE <br />David Roche <br />David Roche Construction <br />1323 Garnet Street <br />Mentone, CA 992359 <br />909-794-4329 <br />2 <br />L:\ca\djm\Agreements\David Roche Construction License Agreement.FY21-0053.docx.jn <br />