08-1884 License Agreement with Target

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LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made and entered into as of the day of 2008 by and between the CITY OF CASSELBERRY, a Florida municipal corporation ("City") and TARGET CORPORATION, a Minnesota corporation ("Target"). RECITALS A. The City and Target entered into that certain Exchange Agreement dated as of March 6, 2007, in which the parties agreed to exchange certain real property in order for the City of complete a public roadway project. The real property conveyed by the City to Target is more particularly described on Exhibit "A" attached hereto and incorporated herein ("Target's Property"). The real property conveyed by Target to the City is more particularly described on Exhibit "B" attached hereto and incorporated herein ("City's Property"). B. The City desires permission from Target to maintain the City's fence located upon a portion of the real property conveyed to Target, being a portion of the real property described on Exhibit "A" attached hereto, and depicted on the drawing attached hereto as Exhibit "C". C. Target is willing to grant the City a revocable license for the City (a) to maintain the City's fence on Target's Property and (b) to have ingress and egress from the City's Property in order to maintain and repair the City's fence. AGREEMENT NOW THEREFORE, in consideration of the foregoing Recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I . Target hereby grants to the City and its employees, agents and representatives, a non-exclusive, revocable license, in common with Target and others entitled to use the same, for entry in, on, across and through the Target Property for the sole purpose of maintaining and repairing the City's fence in order to provide security around the City's Property and for no other purposes (the "License"). In no event shall this License allow the City or any of its employees, agents or representatives to use or access any other portion of Target's Property or any improvements thereon, or perform any other activities upon Target's Property or any of the surrounding property owned by Target not expressly allowed hereunder. Target may terminate the License at any time upon delivery of written notice to the City. Upon termination of the License by Target, it shall be the sole obligation of the City to remove the fence and restore any and all damage done to Target's Property caused by the same within twenty (20) days after the date this License is terminated. If the City fails to promptly remove the fence and restore any and all damage caused by the removal of its fence, Target may cause the removal of the City's fence and restore any and all damage caused by such removal and thereafter invoice the City for 686636