CC - Agendas - City Council - REGULAR - 10/23/2012

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modify the landscaping within the line of sight triangle noted on Exhibit B, so that no trees or shrubbery are greater than three (3) feet in height or are lower than seven (7) feet in height. 4. INDEMNIFICATION. To the fullest extent allowed by law, the Licensee hereby agrees to defend, indemnify, save and hold harmless the Licensor, its departments, agencies, officers and employees from all cost, damages, liability and claims of any kind whatsoever which is caused by any activity, condition or event arising out of the use of the licensed area by Licensee. 5. LICENSE. This Agreement shall be construed as a mere license by Licensor to Licensee. It shall not be construed as an easement, lease, rental agreement, or as a grant of any interest in the real property other than a mere license. 6. TERMINATION. This Agreement may be terminated with or without cause by either party by providing thirty (30) days written notice to the other party. Licensee shall have no claim or cause of action whatsoever against the Licensor by reason of any termination of this License and hereby waives same. 7. REMOVAL OF IMPROVEMENTS UPON TERMINATION. Licensee agrees to remove any and all improvements, including but not limited to any structures which are allowed pursuant to this Agreement, at its sole cost, immediately upon the termination of the License. If Licensee shall fail to remove said improvements within the time specified herein, then in that event, Licensor may remove same, the costs of which shall become a charge against Licensee which Licensee hereby agrees to pay. 8. LICENSE NOT APPROVAL. This Agreement shall be construed as a mere license by Licensor to Licensee. It shall not be construed as an easement, lease, rental agreement, or as a grant of any interest in the real property other than a mere license. The grant of this License shall not be construed as the grant of approval or permit as to the construction, location or marking of any improvements° other than described herein. Prior to undertaking any construction, markings, or other improvements within the licensed area, Licensee must first obtain a permit from the Community Development Department for the final plans for construction, including the location of any utilities. The licensee shall also provide the City with as-built plans, which shall include the location of any associated utilities. It is the understanding of the parties that any use of the subject right-of-way, or structures located thereon, are subject to all applicable Federal, State, County and City laws, rules, regulations, and ordinances, including but not limited to the City Land Development Code, unless an exception or variance has been granted by the City Council or Board of Adjustment. 9. INSURANCE. Licensee agrees and shall maintain in full force and effect during the entire term of this License Agreement, general errors and omissions, public liability insurance in the amount of$2,000,000 covering the activities of the Licensee, with Licensor as a named additional insured. Certificates of such policy shall be delivered to Licensor before the term hereof commences. All insurance must be written by an insurance company authorized to do business in the State of Arizona, to be evidenced by a Certificate of Authority as defined in Page 2 of 4