CC minutes and license agreement with Donation Garden

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� � 3 O 6 F�'te 5�---�av� VY� . t LICENSE AGREEMENT THIS LICENSE AGREEMENT is made on Jernbe� 1 , 2011 between the City of Orono, a Minnesota municipal corporation, whose address is P. . Box 66, Orono, MN 55323 (the "City") and April Wysocki, the Donation Garden representative, whose office address is 2770 Rainey Road, Orono, MM 55391 (the "Licensee"). 1. License to Use Propertv. Subject to the terms and conditions of this License Agreement, the City hereby grants to Licensee a non-exclusive license to use a portion of 2300 Fire Station Drive ("Property") for a Donation Garden under the terms and conditions specified herein. No other rights are granted or conferred upon the Licensee or those using the Donation Garden by this License Agreement. 2. Term. The term of this License Agreement shall commence upon its date of execution and end on December 31, 2012, unless terminated prior thereto as provided herein. At the expiration of the initial term, this License Agreement shall be automatically renewed for up to five (5) successive one-year terms, unless either party gives written notice to the other party of its intent to terminate this License Agreement at the end of the initial term or renewal term, as the case may be. The terms and conditions during any renewal term shall be the same as the terms and conditions during the initial term of this License Agreement. The City reserves the right to terminate this License Agreement upon ninety (90) days notice to Licensee in the event the City receives an executed purchase agreement for the Property or a portion thereof. 3. Use of Propertv. The Licensee shall be permitted to use the designated area of the Property for the purposes of a Donation Garden, as described in this License Agreement, and shall not use the Property for any other purposes. The Licensee shall not use the Property, or permit anything to be done in or abouf the Property, which will in any way conflict with any law, statute, ordinance, or governmental rule or regulation. The Licensee shall not use, generate, store, or dispose of any Hazardous Materials in or about the Property. The term "Hazardous Material" shall mean asbestos, petroleum, and any other hazardous or toxic substance, material, or waste which is, or becomes, regulated by any local governmental authority, the State of Minnesota, or the United States Government. Except as expressly allowed by the City in writing, the Licensee shall not use or allow the use of non-organic garden fertilizers, herbicides or pesticides. The Licensee shall use and keep the Property in a clean and orderly condition. At the request of the City, the Licensee shall erect signs and use other reasonable means to keep the users of the Donation Garden from interfering with the operation of the Fire Station. 4. Insurance. The Licensee agrees that prior to its use of the Property under this License Agreement that it will maintain comprehensive liability and property insurance for its use of the Property. 5. Alterations and Improvements. The Licensee shall be responsible for the following respective obligations and conditions: A. Install fencing, edging and landscaping acceptable to the City. The fencing may remain in place through the allowed five (5) successive one year renewal terms. B. Install one movable bench for seating; maximum 5' long, 3' wide, 4' high. 157726v3 1 SMM:11/4/1 l