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Agmt 2003 Safeway Inc
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Agmt 2003 Safeway Inc
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8/20/2009 2:59:27 PM
Creation date
8/13/2009 12:57:27 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/3/2003
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PERM
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failure to prevent such unauthorized use is a violation of this Agreement, and may be enforced as provided <br />in Paragraph 8, ENFORCEMENT, below. <br />4. CHANGE IN USE PROHIBITED. Without written consent of the City, any change in use or <br />alteration of design or layout of improvements from that which may be described in Exhibit B shall, without <br />limiting the terms of Paragraph 6, REVOCATION, be cause for revocation of this license by City. <br />5. TERM <br />A. Subject to the provisions of Paragraph 6, REVOCATION, the term of this <br />Agreement shall expire on November 30, 2012 (the °Initial Term"). Licensee shall have the option to renew <br />this Agreement for two (2) separate and additional successive periods of five (5) years each on the terms <br />and conditions set forth herein (each such five year renewal term being sometimes referred to herein as an <br />"Option Term"). In order to exercise such renewal of this Agreement, Licensee must deliver written notice <br />of its election to exercise the applicable Option Term to the City by no later than ninety (90) days prior to <br />the expiration of the Initial Term or Option Term then in effect. <br />B. Notwithstanding Section A above, Licensee hereby acknowledges that renewal of <br />this Agreement pursuant to Section A above can only occur with the mutual assent of City and Licensee <br />and that this Agreement shall not be construed to afford any rights or expectations in Licensee to such <br />renewal other than the agreement that if Licensee exercises its renewal option right pursuant to Section A <br />above the City and Licensee will each act reasonably and in good faith in regards to the mutual assent to <br />such renewal. Licensee agrees that the construction or installation of improvements provided for in this <br />Agreement, if any, and the approval of such construction antl improvements, if any, by the City shall not, by <br />such action, constitute any change in the terms hereof or be construed to provide Licensee with any right or <br />expectancy of renewal. <br />6. REVOCATION. City and Authority reserve the right to revoke the license herein granted <br />for any breach of this Agreement or for any act or omission on part of Licensee contrary to the public <br />License Agreement-Safeway 3 of 5 <br />204057 <br />
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