1/26/2017 10:51:15 AM
1/26/2017 10:51:14 AM
Official Document Type
Agenda Item Number
Transit Station License Agreement
49th St. Bus Shelter
49th St .Lakes at Waterway Village
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responsibility of Licensee. All costs associated with such collateral Improvements shall be borne <br /> by Licensee. <br /> Section 3 - Term. This Agreement shall commence on the date included in the <br /> introductory paragraph of this Agreement (the "Date of Commencement") and, unless extended <br /> by the undersigned, shall terminate on the earlier of: (i) three (3) years from the Date of <br /> Commencement; or (ii) thirty (30) days after notice is given by either party of its desire to <br /> terminate this Agreement. At the time this Agreement is terminated, Licensee shall remove the <br /> Transit Station and all of the Licensee equipment at the Transit Site and upon removal of the <br /> Transit Station, Licensee shall return the Transit Site to substantially the condition existing prior <br /> to the installation of the Transit Station. <br /> Section 4 -Effective Date. This Agreement shall become effective upon being executed <br /> by the parties hereto and shall remain in full force and effect until such time as either party <br /> terminates this Agreement as provided in Section 3 hereof. <br /> Section 5 -Damage to the Transit Station. Licensee shall be responsible for day-to- <br /> day normal and customary maintenance of the Transit Site and the Transit Station, and every part <br /> thereof, including, but not limited to, washing the Transit Station from time to time and picking <br /> up trash on the Transit Station on a regular basis. Licensee shall be responsible for heavy <br /> maintenance, including, but not limited to, painting, removal of graffiti, and concrete repair, as <br /> well as the repair of any damage to the Transit Station caused by Licensee and its agents. Such <br /> repair will be commenced within ten (10) days after Licensee is notified by Licensor, in writing, <br /> of such damage. If Licensee shall fail to maintain the Transit Station in a clean manner, Licensor <br /> shall have the right to clean the Transit Station after ten (10) days written notice to Licensee. <br /> Licensor shall then be permitted to invoice Licensee for all costs incurred and to add a 15% <br /> administrative fee to such costs. <br /> Section 6 - Advertising. Licensee may place or permit placement of any advertising <br /> materials or public notices similar to those customarily placed on or in transit stations within the <br /> Licensee system on the exterior or interior of the Transit Station or on the Transit Site. Licensee <br /> shall have the right to retain all amounts generated by such advertising. Licensee shall not place <br /> or allow advertising of any nature, including signage, in or around the Station which would <br /> either (i) promote or encourage the use of products legally prohibited to minors, such as tobacco <br /> products, alcohol or adult entertainment of any type, or (ii) promote or encourage major <br /> competitors to Licensor. Licensor retains the right to demand that Licensee promptly remove <br /> any advertisement which violates the foregoing, without liability for contractual obligations of <br /> the Licensee that are related to the advertisement. <br /> Section 7 - Security. Licensor shall not be responsible onsible for providing security for the <br /> Transit Site or for any persons using the Transit Station. <br /> Section 8 - No Partnership. Nothing contained herein shall be deemed or construed by <br /> the parties hereto, nor by any third party, as creating the relationship of principal and agent or.of <br /> partnership or of joint venture between the parties hereto, it being understood that nothing <br /> contained herein, or any acts of the parties hereto other than the relationship of licensor and <br /> licensee. <br /> WPBDOCS 9023418 2 2 <br />
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