Agmt 2012 S J Amoroso Construction Co Inc

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LICENSE AGREEMENT This License Agreement (this "Agreement" or "License ") is entered into effective as of March 1, 2012 ( "Effective Date ") by and between the City of San Leandro, a municipal corporation (the "City ") and S.J. Amoroso Construction Co., Inc., a California corporation (the "Licensee "). City and Licensee are hereinafter collectively referred to as the "Parties." RECITALS A. City is the owner of the real property located at 2512 Davis Street in the City of San Leandro (the "Property"). The Property is improved with a one -story building (the "Building "). The Property together with all improvements located thereon (the "Improvements "), including without limitation, the Building, is hereinafter referred to as the "Premises." B. The Redevelopment Agency of the City of San Leandro (the "Agency ") acquired fee title to the Property on or about May 27, 2009 through a Purchase and Sale Agreement. Ownership of the Property was transferred to City by grant deed on March 10, 2011. C. Agency and City each acquired the Property in order to facilitate the extension of Eden Road (the "Eden Road Project ") in accordance with the right -of -way lines for Eden Road adopted by the San Leandro City Council by Ordinance No. 2007 -002 on January 16, 2007. D. Licensee is engaged in work on a construction project known as the Water Pollution Control Plant rehabilitation project (the "WPCP Project ") on land located adjacent to the Property, and desires to obtain a license from City to use the Premises for storage of materials and equipment. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Grant of License: License Fee; No Leasehold or Property Rights Created. City hereby grants to Licensee a revocable license to use the Premises solely for use as storage for materials and equipment related to the WPCP Project (the "Permitted Activity ") undertaken in compliance with the Conditions of Use set forth in Section 4 below. On or before the first day of each calendar month during the term of this Agreement (as such may be extended pursuant to Section 2), Licensee shall pay to City a fee (the "License Fee ") in the amount of Two Thousand, Six Hundred and Sixty -Four Dollars ($2,664) per month. For any partial month at the beginning or end of the term of this Agreement, the License Fee shall be prorated on the basis of a 30 -day month. This Agreement is not intended to nor shall it be interpreted to create or vest in Licensee any leasehold or any other property rights or interests in the Premises or any part thereof. 1.1 Late Charge. If City does not receive rent from the Licensee within (10) calendar days after such payment is clue, a late fee of 10% of the monthly charge will be assessed per week until the delinquency is corrected.