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LICENSE AGREEMENT <br /> THIS LICENSE AGREEMENT ("Agreement") is made this 2nd_ day of May_, <br /> 2016, by and between the CITY OF ELK RIVER, MINNESOTA, a Minnesota municipal <br /> corporation ("Licensor") and Joseph Schultz_("Licensee"). <br /> RECITALS <br /> A. Licensor is the owner of the property known as the William H. Houlton <br /> Conservation Area and identified as Parcel No. 75-800-0075 ("Property"). <br /> B. Licensee has requested Licensor to grant a license to Licensee to use that portion <br /> of the Property depicted on Exhibit A attached hereto ("License Area") for the limited purpose <br /> set forth in this Agreement. <br /> C. Licensor agrees to grant to Licensee the right to use the License Area for the <br /> limited purpose set forth below, upon the terms and conditions of this Agreement. <br /> NOW, THEREFORE, in consideration of the Recitals and the agreements contained <br /> herein, Licensor and Licensee agree as follows: <br /> 1. License. Licensor hereby grants to Licensee, subject to the terms and conditions <br /> of this Agreement, a non-exclusive, limited license (the "License") to use the License Area. <br /> 2. No Interest in License Area. Licensee acknowledges and agrees that this <br /> Agreement does not grant Licensee any estate or other interest in the License Area or any part <br /> thereof, except the License expressly described therein. <br /> 3. Permitted Uses. The License Area may be used by Licensee solely for the <br /> purpose of placing and maintaining bee hive colonies. Licensee covenants that Licensee will: <br /> (i) care for the License Area in a good husband-like manner, (ii) maintain bee hive colonies only <br /> in the existing location as depicted on the attached Exhibit A, (iii) not commit or permit waste on <br /> the License Area, (iv) carefully protect all improvements of every kind that are now on the <br /> Property, (v) access the License Area on foot or by vehicle utilizing the field edge road, <br /> (vi)promptly at the expiration of the term of this License remove all bee hives and personal <br /> property from the Property and return the License Area in as good condition and repair as it now <br /> is or may be at any time during the continuance of this License, ordinary wear and tear excepted. <br /> Licensee shall not place any other temporary or permanent structures on the License Area, nor <br /> shall Licensee do any excavation or other improvements to the License Area. <br /> 4. Limitation of Liability. Licensee acknowledges that its use of the License Area is <br /> subject to Licensor's right to access and use the License Area at any time for lawful purposes <br /> related to the operation and maintenance of the License Area and the Property. Licensor shall <br /> not be responsible or liable to Licensee for any loss or damage to Licensee or its property, or <br /> anyone claiming by or through Licensee, and Licensee assumes all risk of loss or damage to <br /> Licensee's property located in the License Area. <br />