1 LICENSE AGREEMENT BETWEEN THE CITY OF SAN MATEO AND SUTTER BAY
HOSPITALS, DBA MILLS-PENINSULA MEDICAL CENTER, FOR THE USE OF CITY-
OWNED PARKING SPACES
This License Agreement ("Agreement") is dated for reference purposes only this ____ day of June, 2025, by and between CITY OF SAN MATEO, a California charter city (herein termed "City"), and SUTTER BAY HOSPITALS, a California nonprofit public benefit corporation, dba Mills-Peninsula Medical Center (herein termed "Licensee").
RECITALS:
A. Licensee desires to utilize sixty (60) parking spaces (individually, "Parking Space " and collectively, "Parking Spaces") at the 2nd and El Camino Parking Garage (the "Garage") owned by the City.
B. City has the authority to regulate the terms and conditions for the use of public property, including the Garage.
C. Licensee is a nonprofit public benefit corporation providing healthcare services and otherwise doing business within City's jurisdiction and desires to provide its Tenants and employees with parking in support of Licensee’s business operations.
NOW, THEREFORE, in consideration of the recitals and the other consideration and mutual promises contained herein, the receipt and adequacy of which are hereby acknowledged, City and Licensee hereby agree as follows:
Section 1 - SCOPE OF AGREEMENT
This Agreement authorizes the licensing of sixty (60) Parking Spaces for the exclusive use of Licensee as described in Exhibit A, attached hereto and incorporated herein by reference. The precise location of the Parking Spaces shall be determined by the City in consultation with Licensee. Parking Spaces shall be available for twenty-four (24) hours of dedicated vehicle parking.
Section 2 - TERM OF AGREEMENT
A. This Agreement shall be binding on City and Licensee on the date of its approval by the City Council of the City of San Mateo ("Effective Date") and shall be for an initial term of one (1) year from the Effective Date ("Term") with four (4) additional one-year (1-year) options for renewal. Provided that Licensee is not in default under this License, the Term will renew automatically for one-year (1-year) periods of time, up to a total of five years including the initial one-year term. Notwithstanding any contrary provision herein, either party shall have the right to terminate this agreement, in each party’s respective sole and absolute discretion, upon sixty (60) days’ prior written notice.
B. Failure on the part of either party to perform any material obligation imposed upon it shall constitute a default and a material breach of this Agreement. In such event, the City shall be entitled to exercise all rights and remedies hereby reserved under this Agreement or made available under applicable Laws. For the purposes of this Agreement, a "material obligation" shall include, without limitation, any failure of either 2 party to give any required notice to the other and the failure to perform either party’s respective obligations hereunder.
C. Evaluation of parking needs by City and Licensee shall occur every six (6) months to understand if the arrangement captured by this Agreement is mutually beneficial and whether modifications to this Agreement are necessary.
Section 3 - LICENSE FEE
Licensee agrees to pay City a licensing fee of One Hundred Fifty Dollars ($150) per Parking Space for sixty (60) Parking Spaces, for a total monthly amount of Nine Thousand Dollars ($9,000) (the "License Fee”) during the initial one-year (1-year) Term of this Agreement.
The License Fee shall increase annually on the anniversary date of this Agreement based on the change in the Consumer Price Index, as determined by the City.
Section 4 - LIMITATIONS AND RESTRICTIONS
A. City hereby agrees to permit Licensee, subject to reservations, covenants, and conditions herein contained, to provide its Tenants and employees with parking in support of Licensee’s business operations at designated Parking Spaces. Licensee may install appropriate signage and striping designating the licensed Parking Spaces, subject to City approval including any required permit or other permission.
B. This Agreement is not a grant by City of any property interest but is made subject and subordinate to the prior and continuing right of City and its assigns to lawfully use any or all of the City-owned facilities in the performance of its duties. No use of any property under this Agreement shall create or vest in Licensee or its successors any ownership interest in the property or other interest of City. Nothing in this Agreement shall be deemed to grant, convey, create, or vest a perpetual real property interest in land in Licensee, including any fee or leasehold interest in land, easement, or any franchise rights.
C. This Agreement is made subject to all easements, restrictions, conditions, covenants, encumbrances, and claims of title which may affect the designated Parking Spaces, and it is understood that Licensee, at its own cost and expense, shall obtain such permission as may be necessary, consistent with any other existing rights. Any work performed pursuant to the rights granted to Licensee under this Agreement shall be subject to the prior review and approval of City.
D. The installation, operation, maintenance, and removal of any physical improvements to support Licensee’s dedicated Parking Spaces —including but not limited to addressing graffiti, general abatement of abandoned property, and upkeep of the area—shall be accomplished without cost or expense to the City, and in a manner that does not endanger persons or property or unreasonably obstruct travel on any road, walkway, or other access on City property. Notwithstanding anything to the contrary in this Agreement, Licensee is prohibited from taking any enforcement action with respect to vehicles parked in the Parking Spaces without authorization (“Unauthorized Vehicles”), including the issuance of citations, invoices, fines or imposing any monetary penalty, and further including the towing or removal of such vehicles. Licensee may only issue 3 warnings regarding Unauthorized Vehicles in a format subject to prior written approval from the City.
Section 5 - TEMPORARY PROHIBITED ACCESS
City shall have the right to temporarily prohibit all automobiles from being parked in one or more of the Parking Spaces, as the need arises, provided, however, prior to any such prohibition on access to the Parking Spaces taking effect, except in cases of a public emergency, City shall deliver to Licensee thirty (30) days’ written notice setting forth the reason for the prohibition on parking and the date and times such prohibition shall remain in effect. If Licenses is prohibited from accessing any Parking Spaces for a period that exceeds five (5) consecutive days, Licenses shall have a right to proportionately abate the License Fee for all days for which it has been deprived access to the applicable Parking Spaces. The parties recognize that occasional repairs are required, that licensed spaces may be closed due to flooding, debris, or other impediments, and that public property is occasionally occupied for the purposes of conducting repairs, parades, festivals, and other events, whether such event is conducted by City or any person not a party to this Agreement. In the event Parking Spaces are removed from service by City, City will work with the Licensee to identify nearby alternative locations for the duration of time that the Parking Spaces are unavailable. The duration of time allowed for a temporary closing or relocation shall be an amount of time that is reasonable for such purpose.
Section 6- COMPLIANCE WITH STANDARDS
A. Licensee agrees to keep the Garage, including the Parking Spaces, in good and safe condition and free from any nuisance to the reasonable satisfaction of the City Manager or their designee.
B. Licensee shall install signage and striping at designated Parking Spaces and otherwise use the Garage, including the Parking Spaces, in a manner that does not violate any local, state, federal, and other regulatory agency laws, ordinances, rules, or regulations.
Licensee shall comply with all applicable Laws in its performance under this Agreement.
Section 7 - NO FRANCHISE RIGHTS CREATED
Nothing in this Agreement shall be construed as granting or creating any franchise rights.
Section 8 - REMOVAL AND RELOCATION
If any Parking Spaces are not used by Licensee for at least thirty (30) consecutive days without payment of the License Fee, City shall have the right to terminate this Agreement by written notice only as it relates to the Parking Spaces that are abandoned by Licensee, unless Licensee recommences using such Parking Spaces within ten (10) days of receiving written notice from the City.
If this Agreement is terminated as to any of the Parking Spaces, Licensee shall either promptly vacate or remove any improvements installed by Licensee, such as signage and striping, at its own expense or, at City's discretion, Licensee may be allowed to abandon some or all of the improvements in place. If Licensee is permitted by City to abandon its improvements 4 in place, any such abandoned improvements shall be deemed conveyed to City and Licensee shall have no further obligation to remove, relocate, or maintain said improvements.
Section 9 –PERMITS AND FEES
Licensee shall apply for any required permits for the installation of any signage, striping, and parking garage security gate(s) within the Garage to identify the Parking Spaces as being exclusively reserved for Licensee. Licensee shall furnish detailed plans of any such signage work and the installation of any security gate(s) within the Garage and other such information as required by the Director of Public Works and shall pay or deposit within City all applicable costs such as processing fees, field marking, plan review, engineering and inspection fees related to the proposed signage and striping work and security gate(s). Any improvements shall be constructed and installed in accordance with City’s Municipal Code, permit general conditions, and as further provided in this Agreement.
Section 10 -DAMAGE TO PUBLIC FACILITIES AND VEHICLES
If any City property is damaged by Licensee or its invitees in connection with Licensee's activities pursuant to this Agreement, Licensee shall notify the City within twenty-four (24) hours of the damages and, upon City's request, promptly repair (or arrange for the repair of) such damage at Licensee's sole cost and expense and to the satisfaction of City, provided, however, that such damage did not arise, in whole or in part, as a result of City’s or any of City’s employees’, affiliates’, contractors’, or agents’ gross negligence or willful misconduct.
Section 11 - HOLD HARMLESS AND INDEMNIFICATION
Licensee, for itself, and jointly and severally, for its agents, contractors, and employees, hereby agrees to hold harmless, defend (with counsel selected by Licensee and reasonably satisfactory to City) and indemnify City, its elected and appointed officials, employees, and agents (all of the above hereinafter collectively known as "Indemnitees"), from and against all claims, cause of actions, proceedings, losses, damages, liability, cost, and expense (including, without limit, any fines, penalties, judgments, litigation costs, attorneys’ fees, and consulting, engineering, and construction costs) for actual loss of or damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of each party) ("Liability") when caused by, arising out of or related to the activities or the licensing of the Parking Spaces described in this Agreement. The duty of Licensee to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the Civil Code. It is the express intent of the parties that Licensee will indemnify and hold harmless indemnitees from any and all claims, suits, or actions arising from any cause whatsoever as set forth above regardless of the existence or degree of fault or negligence on the part of City, Licensee or any subcontractor or employee of any of these, except to the extent the Liability was the result of the gross negligence or willful misconduct or criminal acts of any of the Indemnities. The obligations of Licensee under this Section 11 shall survive termination of this Agreement.
Section 12 - INSURANCE
Any person, firm, or corporation Licensee authorizes to work upon the City's property, including any subcontractor, shall be deemed to be Licensee's agent and shall be subject to all the applicable terms of this Agreement. Prior to entry upon or occupation of City's property by such agents, Licensee shall provide City with satisfactory evidence in the form of certificates of insurance that it and its contractors or other agents who will obtain access to the Garage 5 pursuant to this Agreement are insured in accordance with the following, which insurance shall remain in effect throughout the term of this Agreement and shall be at the sole cost and expense of Licensee (or its agents).
Prior to the start of the work, if any, or entry onto the Garage, Licensee agrees to procure and maintain, and to require its contractor(s) to procure and maintain, at its (or its contractors') sole cost and expense (and to provide to City's reasonable satisfaction that it remains in effect throughout the Agreement) the kinds of insurance described below:
A. Workers' Compensation and Employers' Liability Insurance.
Licensee shall secure the payment of workers' compensation in accordance with the provisions of Section 3700 of the California Labor Code (and any amendments thereto or successor acts or statutes) with Statutory Limits and Licensee shall furnish City with a certificate evidencing such coverage.
The Licensee shall also maintain Employer's Liability coverage with minimum limits of One Million Dollars ($1,000,000).
Licensee shall furnish City with its certificate(s) of insurance required hereunder prior to the commencement of work. Licensee shall endeavor that its policy will not be cancelled or have coverage reduced without thirty (30) days’ prior written notice.
B. Commercial General Liability Insurance.
Licensee shall, at its own cost and expense, also procure and maintain Commercial General Liability Insurance.
Insurance shall provide bodily injury and property damage coverage with a limit of at least Two Million Dollars ($2,000,000) each occurrence and a general aggregate limit of at least Four Million Dollars ($4,000,000). This insurance shall include but not be limited to premises and operations; contractual liability covering the indemnity provisions contained in this Agreement; personal injury; collapse, and underground coverage, products and completed operations, and broad form property damage.
Prior to commencing work or entering onto the Garage, Licensee shall file its certificate(s) of insurance and endorsement (if any) with the City Manager evidencing coverage.
Said certificate(s) of insurance shall stipulate:
(1) Licensee shall, where commercially reasonable, require the insurance company(ies) issuing such policy(ies) to give written notice to the City Manager of any material alteration, or reduction in aggregate limits, if such limits apply; and provide at least thirty (30) days' notice of cancellation.
(2) That the policy(ies) is(are) primary insurance and the insurer(s) providing such policy(ies) shall be liable thereunder for the full amount of any loss or claim which Licensee is liable for under this Section, up to and including the total limit of liability, without right of contribution from any other insurance effected or which may be effected by City.
6 (3) The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Licensee. The policy(ies) shall also stipulate: Inclusion of the City as an additional insured shall not in any way affect its rights either as respects any claim, demand, suit or judgment made, brought or recovered against Licensee. Said policy(ies) shall protect Licensee and the City in the same manner as though a separate policy had been issued to each, but nothing in said policy(ies) shall operate to increase the insurance company's liability as set forth in its policy(ies) beyond the amount or amounts shown or to which the insurance company would have been liable if only one interest had been named as an insured.
C. Automobile Insurance. Licensee shall, at its own cost and expense (or at its contractor’s sole cost and expense), procure and maintain automobile liability insurance providing bodily injury and property damage with a combined single limit of at least One Million Dollars ($1,000,000) per occurrence for any auto, or if the Licensee has not owned auto, hired and non-owned autos. This insurance shall provide contractual liability covering all motor vehicles and mobile equipment owned or hired by Licensee to the extent coverage may be excluded from general liability insurance.
D. Property Insurance. Licensee shall, at its own cost and expense, procure, and maintain property insurance to protect its interest in the property to be used in performance of this Agreement and the City's interest in materials or property affected by the installation, covering all risks of physical loss or damage to such equipment and property. The coverage under such policy shall have limits of liability adequate to protect the value of the equipment and property to be installed, which shall be reasonably determined by Licensee.
E. Other Insurance Requirements.
(1) Term. The General Liability, Workers’ Compensation and automobile insurance required under this Section 12 shall remain in force until all work to be performed, if any, is satisfactorily completed, all of Licensee's personnel and equipment have been removed from City property, and the work has been formally accepted. The property insurance shall remain in force for the term of this Agreement. The failure to procure or maintain required insurance and/or an adequately funded self-insurance program will constitute a material breach of this Agreement.
All policies will be issued by insurers acceptable to the City, except as other stated herein. Upon evidence of financial capacity satisfactory to City, Licensee's obligation hereunder may be satisfied in whole or in part by adequately funded self- insurance.
(2) Insurance Companies: Insurance companies must be admitted in California, be in good standing with the California Department of Insurance and have an A.M. Best's rating of at least A:Vll (or equivalent), except to the extent Licensee satisfies its insurance obligations herein through its Captive Insurer (as hereinafter defined) or through another vehicle of self-insurance.
(3). Self-Insured Retention and Deductible Proof of insurance: Prior to the commencement of work, if any, under this Agreement, Licensee shall disclose any self- 7 insured retention, and any deductibles must be stated on certificates of insurance, and the certificate of insurance and endorsement must be sent to and approved by City. (4) Waiver of Subrogation: Licensee hereby grants to City a waiver of any right to subrogation which any insurer of said Licensee may acquire against the City by virtue of the payment of any loss under such insurance. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
F. Notwithstanding any contrary provision herein, so long as Licensee hereunder is the original Licensee or an Affiliate (as hereinafter defined), Licensee (or an Affiliate) may cause the insurance required to be carried herein to be issued by a duly licensed captive insurance company owned by or under common ownership or control with the Licensee or an Affiliate (the “Captive Insurer”), if and so long as: (i) the Captive Insurer complies with applicable regulatory requirements of, and is in good standing with, the state in which it is domiciled and is able to provide insurance coverage for Licensee in the state in which the Premises is located; (ii) Licensee’s tangible net worth equals or exceeds One Hundred Million Dollars ($100,000,000); and (iii) the Captive Insurer ensures the availability of funds to cover all losses required to be insured against by Licensee hereunder.
If the Captive Insurer fails to comply with applicable regulatory requirements of and maintain such good standing with the state in which it is domiciled or is unable to provide insurance coverage for Licensee in the state in which the Premises is located, if Licensee fails to maintain the tangible net worth set forth above or if any of the above requirements for Licensee to utilize the Captive Insurer are not satisfied, Licensee shall immediately procure the insurance coverages required in this section in a manner otherwise permissible herein until such requirements are satisfied.
With respect to (and only to the extent of) any insurance issued by the Captive Insurer, the insured Licensee shall not be required to name any person or entity (including, without limitation, City or City’s lender(s)) as an additional insured or loss payee as long as the Captive Insurer provides a certificate of insurance evidencing the insured Licensee’s coverage in accordance with the requirements of this section and that: (A) includes wording that the Captive Insurer will respond to the indemnification and hold- harmless provisions of this Lease, and defend City, subject to the insurance policy terms, limitations, and exclusions; and (B) provides the same insurance protection that would be provided to City if the insurance was provided by a third party insurer with coverage satisfying all of the requirements of this Lease (except the additional insured or loss payee requirement and any rating requirement). The Captive Insurer shall provide coverage on an occurrence basis.
Section 13 -DEFAULT; ENFORCEMENT OF AGREEMENT
Any breach by Licensee of its obligations hereunder shall be grounds for City to terminate this Agreement without liability upon the delivery of five (5) days’ written notice.
Licensee further agrees that upon the delivery of five (5) days’ written notice, it shall, upon City's request, promptly cease operations in and remove all vehicles from the Parking Spaces. Any breach by City of its obligations hereunder shall be grounds for Licensee to terminate this 8 Agreement without liability upon the delivery of five (5) days’ written notice. The parties respectively acknowledge and agree that no remedy conferred upon or reserved to either party is intended to be exclusive of any other available remedies, and each respective party shall be entitled to full and adequate other relief both at law and in equity to enforce the other respective party’s obligations.
Section 14 - ASSIGNMENT
This Agreement shall not be assignable by Licensee without the explicit written approval of City, which approval shall not be unreasonably withheld, provided, however, that Licensee may assign the rights granted herein to a parent, successor, subsidiary, joint venture, or affiliate of Licensee now or hereinafter existing ("Affiliate"), by only providing notice to City of such assignment as set forth below. However, this Agreement shall be binding on successors and assigns and shall be disclosed to assignee. Assignee shall unconditionally acknowledge and agree to be bound by this Agreement in writing to the City within thirty (30) days of assignment or it terminates without further action. If Licensee assigns this agreement to any Affiliate, Licensee shall provide City with written notice of such assignment within ten (10) business days of such assignment.
Section 15 - ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. This Agreement may not be amended except pursuant to a written instrument signed by all parties.
Section 16 - SEVERABILITY
If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements, or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement, and the parties shall negotiate in good faith to replace any such covenant, agreement, or portion found to be null and void.
Section 17 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet and confer within thirty (30) days of a written request by either party to resolve any dispute hereunder. The parties shall mediate the dispute amongst themselves in good faith, and if any dispute is not mutually resolved within sixty (60) days of the parties’ initial meet and confer conference, as such period may be mutually extended, both parties shall have the right to pursue all remedies afforded to them at law and in equity to resolve the dispute. Each party shall bear its own costs of mediating any dispute in accordance with this Section 17. The cost of mediation shall be borne equally by the parties.
Section 18 - GOVERNING LAW AND VENUE
9 This Agreement shall be governed by the laws of the State of California, and in the event of litigation, venue will be in the County of San Mateo.
Section 19- INDEPENDENT PARTY
Licensee shall at all times be considered an independent party hereunder, and neither Licensee nor its employees, agents, or representatives shall, under any circumstances, be considered employees of City, a partner with City, or an agent of City; and City shall not be legally responsible for negligence or other wrongdoing, either intentional or unintentional, by Licensee or Licensee's employees, agents or representatives.
This Agreement is not intended, and shall not be construed, to create any association, joint venture, agency relationship, or partnership between the parties or to impose any such obligation or liability upon either party. Neither party shall have any right, power, or authority to enter into any agreement or undertaking for, or act as or be an agent or representative of, or otherwise bind, the other party.
Section 20 - THIRD-PARTY MODIFICATIONS
This Agreement shall be subject to such changes or modifications as may be required or authorized by any regulatory body or commission, except the City’s City Council or commissions, in the exercise of its lawful jurisdiction and any modification, revision, renewal, or extension of this Agreement shall so state.
Section 21 -TERMINATION
This Agreement may be terminated by either party, at any time, upon the delivery of thirty (30) days’ prior written notice to the other party.
Section 22 - NOTICE
All notices and payments given or which may be given pursuant to this Agreement shall be in writing and transmitted by United States Postal Service, or by private delivery systems, or by private delivery systems as follows:
To CITY: Alex Khojikian
City Manager
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403
With a copy to:
City Attorney
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403
10 To LICENSEE: If sent by USPS:
Sutter Health Facility & Property Services
Attn: Director, Real Estate
PO Box 817
Roseville, CA 95661
If personal delivery and all overnight
couriers such as UPS and FedEx (non-
payment):
Sutter Health Facility & Property Services
Attn: Director, Real Estate
2300 River Plaza Drive
Sacramento, CA 95833
All with a copy to:
Email:
Section 23 - CONFLICTS
In the event of any conflict between the terms of this Agreement and Exhibit A, the terms of this Agreement shall govern.
Section 24 - DEFINITIONS
"Business Day" means any calendar day, except a Saturday, Sunday, and any Day observed as a legal holiday by City. For the purposes hereof, if the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as an official holiday by City, the time for performance shall be extended to the following Business Day. “Day'' means any calendar day, unless a Business Day is specified. For the purposes hereof, the time in which an act is to be performed shall be computed by excluding the first Day and including the last.
"Law" or "Laws" means any judicial decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, administrative order, certificate, order or other requirement of any municipal, county, state, federal or other Agency having joint or several jurisdiction over the parties to this Agreement, in effect either at the time of execution of this Agreement or at any time during the location of the Garage in the Public Right-of-Way, including, without limitation, any regulation or order of an official entity or body.
“Tenant” or “Tenants” means individuals or entities that occupy commercial space at Licensee’s facilities in the City of San Mateo and may include the Sutter Bay Medical Foundation and physicians. Licensee shall provide a list of its Tenants to the City from time to time upon request.
11 [SIGNATURE PAGE FOLLOWS]:
12 IN WITNESS WHEREOF, CITY OF SAN MATEO and SUTTER BAY HOSPITALS have executed this Agreement the day and year first above written.
CITY OF SAN MATEO LICENSEE: SUTTER BAY
HOSPITALS, a California
nonprofit public benefit
corporation, dba Mills-Peninsula
Medical Center
Alex Khojikian
City Manager
Date Darian Harris
Chief Executive Officer
Mills-Peninsula Medical Center
Date
APPROVED AS TO FORM
Prasanna W. Rasiah
City Attorney
13 EXHIBIT A
SCOPE OF ACTIVITIES
1. Location, Number of Parking Spaces. City will make available to Licensee the following number of parking spaces on the 5th floor of the Garage.
Number of Parking Spaces Facility Name and Address
60 Second and El Camino Garage
8 2nd Avenue, San Mateo, CA 94401
2.Signage and Striping. Upon obtaining any approvals necessary in accordance with City’s sign ordinance, Licensee shall have the right to place “Hospital” or other trade name signage used by Licensee or any Affiliate. At a minimum, City agrees that Licensee may mark off reserved parking spaces assigned to Licensee by mutually agreed upon signage for the Parking Spaces. Each reserved Parking Space may require
14 a single post to be installed for the purpose of mounting the parking signs. Licensee may also stencil reserved “hospital” spaces with stenciling. Licensee shall also place signage stating, “Park at your own risk.”
3.Parking Space Availability and Use. The location of the Parking Spaces assigned to the Licensee shall be mutually agreed upon by the parties. The Parking Spaces made available to the Licensee will be used by Licensee for the purpose of providing parking for the Tenants and employees of Licensee. Licensee, its Tenants, and its employees shall have right to use the Parking Spaces, including without limitation the right to park and operate the spaces. City shall provide Licensee, its Tenants, its employees, and its third-party personnel with 24x7x365 unrestricted access to the parking spaces and shall otherwise provide the amenities it affords to other parking users.
4. Licensee shall have the right to install and operate, at its sole cost and expense, certain automated security gates within the Garage at any entrance or exit of the Garage with approval City and review of plan.
5. All work done at the Garage would require prevailing wage including contractors.
6. Licensee shall be responsible for any possessory interest tax from the County.
7. Capitalized terms not otherwise defined herein this exhibit shall have the same meaning as set for in the Agreement to which this exhibit is attached.