Agmt 2005 Union Bank of California

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LICENSE AGREEMENT (Union Bank of California for property located at 210-230 Davis Street and 250-258 Davis Street) THIS LICENSE AGREEMENT (this "Agreement") is entered into as of May 24 ,2005 ("Effective Date") by and between the City of San Leandro Redevelopment Agency ("Agency") and Union Bank of California ("Licensee"). Agency and Licensee are hereafter referred to as the "Parties". The Parties hereby agree as follows: 1. Purpose. This Agreement is made for the convenience of the Licensee, and for the benefit of the Agency. The Agency expressly finds and declares that it is to the public benefit for the Agency to permit Licensee, by virtue of this Agreement, to use the property of the Agency for the purposes enumerated herein. 2. Grant of License. Agency grants to Licensee a revocable license to enter upon and use the property of the Agency described in Exhibit A ("License Area"), attached hereto and incorporated herein by this reference. This grant of license shall not constitute a grant of property rights and shall be governed by the terms and conditions contained in this Agreement, including without limitation the Additional Terms set forth in Exhibit C, attached hereto and incorporated herein. 3. Use of Licensed Property. Licensee shall have the nonexclusive right to use the License Area solely for the purposes described in Exhibit B, which is attached hereto and incorporated herein by this reference, and for no other purpose. Any change in use or alteration of design or layout of improvements from that which may be described in Exhibit B shall require prior written consent of the Agency. Licensee shall not assign or sublease the license granted hereunder or any right or privilege in connection therewith, without first obtaining Agency's written consent. Licensee shall not allow any person, except Licensee's agents, employees, customers and tenants to use the License Area or any part thereof without first obtaining Agency's written consent. Licensee acknowledges that the violation of any provision of this Section 3 shall, without limiting the terms of Section 6, be cause for revocation of this Agreement and the license granted hereby. 4. Compliance with Laws. Licensee shall comply with all state, federal and 10ca11aws, ordinances, rules and regulations applicable to the use and maintenance of the License Area and facilities and equipment thereon, including without limitation, the City of San Leandro Community Preservation Ordinance. 5. Term. Subject to the provisions of Section 6, the term of this Agreement shall be one year commencing on the Effective Date; provided however, if the term of that certain Exclusive Negotiating Rights Agreement ("ENRA") executed by and between Licensee and Agency as of the date hereof is extended, the term of this Agreement and the license hereby granted shall be extended to be coterminous with the term of the ENRA. Renewal of this license shall otherwise Union Bank License Agreement Page 1 of 12 1