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<br />e. This License is made subject and subordinate to the prior and continuing right of <br />City to use the City parks, including without limitation, the right to remove any concessions. <br /> <br />2. DUTIES OF LICENSEE <br /> <br />a. In exercising these rights, LICENSEE must use reasonable care and may not <br />unreasonably increase the burden on the License Area. LICENSEE agrees that any use it makes <br />of the License Area as specified herein shall be effected with all reasonable diligence and <br />precaution to avoid damage to the land, property or personnel ofthe City. <br /> <br />b. LICENSEE agrees to conform to any requirements set forth by the Director of <br />Parks, Recreation and Community Services ("Director") during the term of this License. Said <br />requirements will be provided in writing to LICENSEE and may be revised at the discretion of <br />the Director. <br /> <br />c. LICENSEE agrees to follow all requirements, terms and conditions contained in <br />the Scope of Work attached hereto as Exhibit B, Request for Proposal and Response to the <br />Request for Proposal, attached hereto as Exhibit C (all exhibits are incorporated herein by <br />reference). <br /> <br />3. TERM OF LICENSE <br /> <br />The term ofthis Agreement shall commence upon execution of this license and terminate <br />(3) three years thereafter. City may at its discretion extend the term for one additional year. <br />CITY MAY REVOKE THIS LICENSE, AT WILL, UPON TEN (1 0) DAYS WRITTEN <br />NOTICE. <br /> <br />4. FEES <br /> <br />a. LICESENCE FEE LICENSEE agrees to pay, and City agrees to accept as <br />payment for its granting Licensee vending operation on City owned property a certain percentage <br />of gross receipts for all sales as well as additional compensation as identified in Exhibit C. <br />b. OTHER FEES LICENSEE shall pay promptly, as they become due, all charges <br />for the operation of the healthy snack concessions, including, without limitation, utilities, normal <br />repairs and maintenance to city property, taxes, insurance, custodial services, and other public <br />utilities including all electrical and excess water services necessary to operate said concession on <br />the premises during the term ofthis Agreement. City will pay for water service as described in <br />Exhibit E. LICENSEE agrees to keep the premises clean and in good order and repair. <br />2 <br />