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CITY <br /> LICENSE TO USE CITY PROPERTY <br /> THIS LICENSE AGREEMENT (the "License"), between the City of Everett as <br /> Grantor (the "City") and Downtown Everett Association, as the Grantee ("Grantee"), for <br /> use of City owned property. <br /> RECITALS <br /> A. Grantee desires to use planter pots owned by the City in the downtown <br /> area to plant and maintain flowers during 2020. <br /> B. The City is willing to grant Grantee authority to use the planter pots <br /> under the terms and conditions of this License. <br /> AGREEMENT <br /> In consideration of mutual benefit to the City and other good and valuable <br /> consideration, the receipt and sufficiency of which is hereby expressly acknowledged, <br /> the City licenses Grantee to use the Property upon the following terms and conditions: <br /> Section 1. LICENSED PROPERTY. The Grantee may use City-owned downtown <br /> flower planter pots (and irrigation water serving the pots) as designated by the City <br /> Parks Director. These pots are referred to in this License as the "Property." <br /> Section 2. TERM. Regardless of the dates of signature on this License, this License <br /> shall be effective May 1, 2020 through December 31, 2020, unless terminated earlier <br /> upon 30-days notice per Section 6, below. <br /> Section 3. AUTHORIZED USE. Grantee may only use the Property for planting and <br /> maintaining flowers and related activities approved by the City Parks Director. <br /> Section 4. INDEMNIFICATION. Grantee hereby agrees to defend, indemnify and <br /> hold the City harmless from any and all Claims for injury to people or damage to <br /> property arising out of or related to this License. This defense and indemnification <br /> obligation shall survive any termination, revocation or expiration of this Agreement. For <br /> the purpose of this Section 4, the following terms shall have their specified meaning. <br /> "City" means the City, its officers, employees and agents. "Claims" means any loss, <br /> injury, demand, settlement and lawsuit, and further includes any and all reasonable <br /> litigation costs such as attorney's fees, expert fees and costs, and court costs. "Injury to <br /> people" includes, but is not limited to, bodily injury and death. "Damage to property" <br /> page I <br />