04-11-2005 Council Packet - Laserfiche WebLink

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PARKING SPACE LICENSE AGREEMENT Parking Space License Agreement (“Agreement”) between The Richard M. Kcaveny Family Limited Partnership, as “Licensor,” and JulAnn, Inc., d/b/a Jul Ann Hair Fashions, as “Licensee.” Licensor owns the real property at 3421-3435 Shoreline Drive in the City of Navarre, Minnesota, legally described as: Tract B, Registered Land Survey No. 1422, Hennepin County, Minnesota (hereafter “Licensor’s property”). Licensee is or will be a tenant of the property that is located at 3449 Shoreline Drive and which is ac^acent to Licensor’s property (hereafter the “neighboring property”). The parties agree as follows: 1. License. Licensee shall have a license for the use of up to nine parking spaces in the “lower level ” parking area on Licensor’s property that is accessible from Kelly Drive (hereafter the “License”), by employees, clients and business invitees of Licensee’s hair salon (to be) operated on the neighboring property, subject to the terms of this Agreement. Licensor may, from time to time, designate particular parking spaces that will be subject to the License (to the exclusion of ether parking qiaces); as of the date hereof and until further notice from Licensor to Licensee, the parking spaces that will be the subject of the License will be the nine most westerly parking .spaces along the south side of the lower level parking area. License Fee. Licensee will pay Licensor a license fee of month, on or before the first day of the month, for each month the License is in effect. The license fee for any partial month will be pro-rated. The License fee will be subject to adjustment every twelfth month that the License is in efifect, by not more than a cumulative total of 5% per year. 3* Termination: Term. The License will tominate if Licensee is delinquent in the ps3rtnent of the monthly license fee or in any other obligation of Licensee pursuant hereto, and continues to be delinquent after ten days written notice to Licensee delivered or mailed to Licensee at Licensee’s last known address. Licensor (or Licensor’s successors or assigns) may also terminate the License upon, or at any time after, the occurrence of any of the following conditions: (•) (b) (d) (e) Licensor sells Licensor’s property; Licensor enters into a lease with a tenant who will occupy the lower level, or any part of the lower level, of the building on Licensor’s property, and such tenant commences occupancy; Ijcensor, or the present or future tenants of Licensor’s property, need to have the licensed parkmg spaces available in order to satisfy zoning or other requirements of any govenunental authority (whether due to a change in the use or size of the building, change or application of zoning requirements, or otherwise); Licensor commences removal, reconstruction, substantial remodeling, or any addition to, the existing building or other improvements on Licensor’s property; Any part of Licensor’s property is condemned or taken, either temporarily or lanently, by any govenunental authority. Termination pursuant to (a) through (e) above will become effective ten days after written notice to Licensee delivered or mailed to Licensee at Licensee’s last known address, and. Licensee expressly agrees that Licensee has no rights or expectation whatsoever which would in any way impede Licensor from selling, leasing, removing, expanding, remodeling or reconstructing the building or other improvements on Licensor’s property and terminating the License by reason thereof. Licensee also J