CC minutes and license agreement with Donation Garden

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� LICENSE AGREEMENT THlS LICENSE AGREEMENT is made on n�,.�,. � , 2011 between the City of Orono, a Minnesota munici co or tio v►hos� add ss is P.O. Box 66, Orono, MN 55323 (the "Cityn) an ��(. � ��`"�-�/B/A The Firehouse Donation Garden whose office ress is '7 0 � (the "Licensee"), � h1� 5��`�� 1. License to Use Property. Subject to the terms and conditions of this License Agreement, the City hereby grants to the 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 October 31, 2011, unless terminated prior thereto as provided herein. 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 about 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 Lioensee shall use and keep the Property in a ctean and orderly condition. At the request of the City, the Licensee shall erect signs and use other reasonab�e 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 responsibfe for the following respective obligations and conditions: � A. Install fencing, edging and landscaping acceptable to the City. B. Weed garden and areas immediately surrounding garden and fencing, clean and maintain site. is��26 1