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14
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2009
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042109
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14
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5/5/2009 1:19:15 PM
Creation date
4/15/2009 2:51:42 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/21/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
14
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Attachment 1 <br />LICENSE AGRI;EMENT <br />HOLIDAY ICE SKATING RINK <br />"SHARKS HOLIDAY ICE AT PLEASANTON" <br />'I'bis License Agreement is made as of this day of April, 2009 between the City of Pleasanton, <br />a municipal corporation, with oftices at 123 Main Strcet, Pleasanton, California 94566-0802 (the <br />"Licensor") and San Jose Arena Management, I,LC, a Delaware limited liability company, with oftices at <br />525 W. Santa Clara Street, San Jose, California 95113 ("Licensee"). <br />RECffALS <br />A. Whereas, in order to provide an amenity to the residents ofthe City of Pleasanton and to add <br />an economic stimulus to Pleasanton downtown businesses, the parties are mutually desirous <br />of offering and operating a temporary outside holiday skating rink in downtown Pleasanton <br />("Holiday Rink"); and <br />B. Whereas, subject to certain terms and conditions the parties are willing to jointly participate <br />in offering and operating the Holiday Rink. <br />NOW TI IEREFORE, in consideration of the mutual promises and the respective covenants and <br />agreement contained in this License Agreement, the Parties agree as follows: <br />I. Holid~Rink Site. The I Ioliday Rink will be located at the tar Southeast parking lot of the <br />Pleasanton Public Library located along E3ernal Avenue as depicted in the diagram set forth <br />on Exhibit `A" attached hereto and made a part hereof ("Rink Site"). Nohvithstanding the <br />foregoing, the parties may mutually agree upon an alternative Rink Sitc during the Term of <br />this Agreement, including any extension as provided herein. <br />2. Lease of Premises. Licensor, for the sum of $ I, hereby leases the Rink Site to Licensee, and <br />grants access and entry to such site, for the term and subject to the conditions contained <br />herein. <br />'Perm. The term of this License Agreement shall initially be for three (3) years and one <br />month from the date of this Agreement to include the 2009-2010, 2010-201 land the 2011- <br />2012 Holiday periods during the annual occupancy dates at the Rink Site set forth in <br />paragraph 4 below. In addition, Licensee and Licensor shall agree, prior to April 30, 2012, as <br />to the terms and conditions to extend this License Agreement for one (I) additional <br />consecutive term of two (2) years for the 2012-2013 and 2013-2014 Holiday periods <br />(collectively the "Liccnsc Term"). <br />4. Annual Site Occupancy Dates. During each year of the Liccnsc l'crm, Licensee shall be <br />entitled to entry and exclusive possession rights to the Rink Site for the consecutive periods <br />
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