Agenda Packets - 2020/05/26 - Laserfiche WebLink

Home Browse Search

CITY OF LICENSE AGREEMENT User City Property Particular Uses Use Period Effective Date This License Agreement ("Agreement") is entered into as of the Effective Date by and between City of ("City") and User. In consideration of the mutual promises and permissions granted herein, City and User hereby agree as follows: 1. Temporary License. City grants User a temporary license ("License") to use the City Property for the Particular Uses during the Use Period. City is willing to waive certain permitting requirements and regulations to assist local businesses such as User to maximize its operations to the extent allowed under the Governor's emergency orders during the pandemic emergency in exchange for User agreeing to comply with the terms and conditions of this Agreement. 2. License Conditions. Use of the City Property under this Agreement is subject to compliance with all the conditions listed at the end of this Agreement. Such conditions are incorporated in and made part of this Agreement. User is responsible for ensuring compliance with these conditions by its customers, agents, and invitees (collectively, "Customers"). Failure to comply with any of the conditions may result in the immediate termination of this Agreement. 3. Limitations, Requirements and Waiver. User understands and agrees as follows: User assumes all risks associated with use of the City Property by it and its Customers; User shall not allow the City Property to be used in a way that creates or constitutes a public nuisance; City makes no representations or warranties as to the condition or suitability of the City Property for User's purposes; User waives all claims against City arising from or related to its use of the City Property; this Agreement constitute permission to temporarily use the City Property and does not convey any interest in the City Property to User; grant of this License does not constitute abandonment by City of the City Property; User has no right to any further permissions or licenses related to the future use of the City Property; User must immediately cease its use of the City Property upon expiration or termination of this Agreement; User is responsible for keeping the City Property neat and orderly; User shall repair any damage done to the City Property directly related to its use; nothing herein shall be construed as limiting City's right to regulate, use, maintain, or improve the City Property; User is responsible for obtaining all permits and licenses that may be required; and User shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances regarding its use of the City Property. 4. Indemnification. User agrees to indemnify, hold harmless and defend City, its officials, employees, and agents from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs or expenses (including reasonable attorneys' fees) arising from or in connection with its use of the City Property under this Agreement, except for claims arising directly from City's own negligence. Nothing in this Agreement shall be construed as City waiving any exception from, or limitation on, its liability provided in Minnesota Statutes, chapter 466 or other law. 5. Termination. This Agreement terminates at the end of the User Period if not terminated earlier by City. City may terminate this Agreement immediately upon notice to User if City determines, in its sole discretion, User violated any term or condition of this Agreement or if the City needs to resume its use of the City Property. DOCSOPEN\RG400\1\654675.v2-5/22/20