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Milias, Mary Ann - License Agreement for floodlights on the side of building at 7310 MontereyLICENSE AGREEMENT THIS LICENSE AGREEMENT ( "License Agreement ") is made and entered into for reference purposes as of this 20 " day of May, 1998 by and between the City of Gilroy, a municipal corporation ( "City ") and Mary Ann Milias, Trustee of Mary Ann Milias ( "Milias "). Katherine L. Milias Casey 1976 Trust RECITALS Mary Ann Milias, Trustee A. City is the owner of certain real property located at 7310 Monterey Street, Gilroy, California, identified as Parcel A on the map attached hereto as Exhibit "A" ( "Parcel X'). B. Milias is the owner of certain real property and improvements located at 7320 Monterey Street, Gilroy, California, identified as Parcel B on Exhibit "A" ( "Parcel B "). C. City desires to obtain from Milias and Milias desires to grant to City a license to install floodlights upon the building located on Parcel B (the "Parcel B Building ") in order to provide illumination on Parcel A for the general welfare of the citizens of the City of Gilroy. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Milias grants to City a revocable license to install three (3) floodlights (the "City Floodlights ") upon the exterior walls of the Parcel B Building which face Parcel A, and to enter upon Parcel B for such purpose and for the purpose of periodic maintenance and repair of the same ( "License "). The installation of the City Floodlights shall include attachment to an existing service panel and meter. The meter shall be dedicated solely to the City Floodlights. All costs associated with the City's exercise of its rights under this License Agreement, including installation, conduit upgrade, electrical usage, periodic maintenance and repair shall be paid by the City. The City shall have the right to determine the wattage, size, shape and location of the City Floodlights, provided that installation of the City Floodlights shall be done in a manner which does not interfere with roof maintenance of the Parcel B Building. 2. The License is terminable by either party upon not less than one hundred eighty (180) days advance written notice of the effective date of such termination. City agrees to remove the City Floodlights and its connecting apparatus from the Parcel B Building, and to repair any damage caused by the removal of the same, all at its sole cost, within thirty (30) days after the termination of the License. 3. Milias shall have no obligation to repair or maintain the City Floodlights or its connecting apparatus. 4. Each person executing this License Agreement on behalf of a party hereby represents and warrants to the other party that he or she has full and proper authority and is fully and properly empowered to execute this License Agreement on behalf of the party for which it is signing. This License Agreement shall be effective upon execution by City and Milias. WMW \411180.02 86- 051904706002 -1- 5. This License Agreement may be executed in counterpart originals, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. IN WITNESS WHEREOF, this License Agreement has been executed by the parties hereto as of the day and year set forth below. Dated: 9-125- 1 B CITY: ATTEST: r City-Clerk APPROVED AS TO FORM: 'L . City Attorney MILIAS: Dated: MARY ANN NHLUS, Trustee Qf WMW \411180.02 86- 051904706002 -2- 05/12/98 TUE 12:28 FAX 4 a // Ld fo S. P T. F- L-rz,.l,-lG3).6",PCL.2r Ch RAILROAD ST - I T-r U ti ---- ------- g a // Ld fo S. P T. F- L-rz,.l,-lG3).6",PCL.2r Ch RAILROAD ST - I T-r L L: L-,. I".. k-. : .i . ALEXANDER f ST FOREST ST.,-CA CA m ts 11 x H c 9,1 I i - - - - ---- ------- L L: L-,. I".. k-. : .i . ALEXANDER f ST FOREST ST.,-CA CA m ts 11 x H c 9,1 I i