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25I - AGMT BRISTOL BIKE LANE
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04/17/2018
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25I - AGMT BRISTOL BIKE LANE
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Last modified
4/12/2018 6:47:33 PM
Creation date
4/12/2018 6:42:47 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25I
Date
4/17/2018
Destruction Year
2023
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SCE Doc. 319004 Att. <br />Contract No. 9.5074 <br />(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other <br />rule of any governmental agency for Licensee's activities under this Agreement. <br />(e) Any attempt to exclude Licensor from the licensed premises. <br />(f) The making by Licensee of any general assignment for the benefit of creditors; the <br />appointment of a receiver to take possession of substantially all of Licensee's assets <br />located on the Property or of Licensee's privileges hereunder where possession is not <br />restored to Licensee within five (5) days; the attachment, execution or other judicial <br />seizure of substantially all of Licensee's assets located on the Property or of Licensee's <br />privileges hereunder, where such seizure is not discharged within five (5) days. <br />(g) Any case, proceeding or other action brought against Licensee seeking any of the relief <br />mentioned in "clause f' of this Article which has not been stayed or dismissed within <br />thirty (30) days after the commencement thereof. <br />(h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the <br />Property. <br />(i) With respect to items not otherwise listed in Article 29.a -h, the failure by Licensee to <br />observe and perform any other provision of this Agreement to be observed or performed <br />by Licensee. Licensor shall provide written notice of such failure and Licensee shall be <br />considered in material default where such failure continues for a total of ten (10) or more <br />consecutive days from the date of the notice. Further, with respect to items not otherwise <br />listed in Article 29.a -h, Licensee shall be considered in material default should Licensee <br />fail to observe or perform any other provision of this Agreement for more than fifteen (15) <br />days during the entire Term of the Agreement in the aggregate, after Licensor provides an <br />initial written notice of such failure. After providing initial notice under this provision, <br />Licensor will not be required to provide any subsequent notice of breach of this <br />Agreement. <br />30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any <br />material default by Licensee, then in addition to any other remedies available to Licensor at law or in <br />equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee <br />hereunder by giving written notice of such immediate termination to Licensee. <br />31. Licensee's Personal Property Upon Termination or Expiration: In the event that this <br />Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the <br />event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee's sole cost and expense <br />and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and <br />waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition <br />it was in prior to the Licensee's use of the Property, in a manner satisfactory to Licensor. <br />If Licensee fails or refuses to remove any of Licensee's personal property, building(s), fixture(s) or <br />structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal <br />property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the <br />Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them <br />with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief <br />Rev82016-05-11 GS -KB <br />-10- <br />251-12 <br />Initial ( M <br />Licensor/Licensee <br />
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