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APPROVED BY <br />CITE''QU CIL <br />Date � l'? 6 <br />Item #_jam_ <br />CITY OF COLTON LICENSE AGREEMENT WITH <br />OLD TIMERS FOUNDATION <br />FOR USE OF SPACE IN <br />LUQUE AND HUTTON COMMUNITY CENTERS <br />This License Agreement ("License") is entered into on July 1, 2007, by and between the City of <br />Colton, a municipal corporation ("Licensor"), and the Old Timers Foundation ("Licensee"), which are at <br />times referred to as "Party" or collectively as "Parties" herein. <br />RECITALS <br />A. Licensor is the owner of certain real properties located at 292 East O Street, in the City <br />of Colton, County of San Bernardino, State of California, also known as the "Luque Community Center" <br />and as more particularly described in Exhibit "A" which is attached hereto and incorporated herein, and at <br />660 Colton Avenue, in the City of Colton, County of San Bernardino, State of California, also known as <br />the "Hutton Community Center" and as more particularly described in Exhibit "B" which is attached <br />hereto and incorporated herein (collectively, the "Centers"). Licensee's rights herein shall include access <br />to certain portions of the Centers, including certain common areas and common facilities designated in <br />Exhibits "A" and "B". <br />B. Upon the terms and conditions set forth hereinafter, Licensor desires to grant Licensee an <br />exclusive, non -transferable license to use the Licensed Premises for the purpose of providing a senior <br />citizen lunch program in the main banquet rooms of the Centers, Monday through Friday, 11:00 a.m. to <br />1:00 p.m., excluding City holidays, as more specifically described in Exhibit "C" attached hereto and <br />incorporated by reference herein. <br />CONDITIONS <br />1. Term. The term of this License shall commence on July 1, 2007 ("Commencement <br />Date"). The License provided herein shall continue for a period of one (1) year, expiring on June 30, <br />2008 ("Expiration Date"), or until either party terminates this License in accordance with Section 15 <br />herein, whichever comes first. The License provided herein shall automatically renew for an additional <br />one (1) year period upon the Expiration Date, unless terminated by either Party prior to the Expiration <br />Date, or unless either Party expresses its intent not to renew this License at least thirty (30) days prior to <br />the Expiration Date. <br />2. Use. Licensee shall: i) observe and comply with all local, state, and federal laws and <br />regulations, including any City, County and State restrictions, laws and ordinances affecting the Licensed <br />Premises or occupancy thereof; ii) not commit any waste or suffer any, waste to be committed on the <br />Licensed Premises; and iii) only use the Licensed Premises for purposes of providing lunch meal services <br />to senior citizens at the Centers, which shall include access and use of the kitchen facilities, banquet hall <br />facilities, and common areas, as more specifically described in Exhibits "A" through "C" attached hereto. <br />3. Discrimination. The Licensee herein covenants by and for itself, its heirs, executors, <br />administrators, and assigns, and all persons claiming under or through it, and this License is made and <br />accepted upon and subject to the requirement that there shall be no discrimination against or segregation <br />of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national <br />origin, or ancestry, in the licensed use, occupancy, tenure, or enjoyment of the premises, nor shall the <br />Licensee itself, or any person claiming under or through it, establish or permit any such practice or <br />practices of discrimination or segregation with reference to the selection, location, number, use, or <br />occupancy, of Licensees or vendees in the premises herein Licensed. <br />ORANGE\GPM0406.1 <br />9/23/05 <br />