P-50120.PDF

C-18-08-029-0-00 LICENSE AGREEMENT FOR
License No. MC10172 USE OF REAL PROPERTY
THIS AGREEMENT is entered into this day of , 2007, by and
between the Maricopa County Board of Supervisors, a political subdivision of the State
of Arizona, hereinafter referred to as LICENSOR, and The Silver Spoon Café, LLC,
hereinafter referred to as LICENSEE.
WHEREAS, LICENSOR owns certain real property referred to as the Downtown Justice
Center located at 620 West Jackson Street in Phoenix, Arizona, and
WHEREAS, LICENSEE requires immediate access to and use of a certain portion of
the first floor area of the real property previously described as the Downtown Justice
Center and as indicated on Exhibit "A" (the "License Area"), for the purpose of providing
food and beverage service, and
WHEREAS, the parties desire to enter into a license agreement, hereinafter referred to
as "License", under which LICENSEE may enter upon and use the License Area;
NOW, THEREFORE, in consideration of the following mutual covenants, the sufficiency
of which is hereby acknowledged, the parties agree as follows:
1. LICENSOR hereby grants to LICENSEE a revocable license to enter and use
that real property indicated in said Exhibit "A" for the purpose previously stated during
normal business hours. Said License may be canceled by LICENSOR or LICENSEE
upon giving 30 days written notice of revocation.
2. Upon the execution of the License, LICENSEE shall pay LICENSOR a one-time
license fee of $10.00 as adequate consideration for entering into this agreement, the
receipt of which is hereby acknowledged.
3. LICENSEE shall indemnify and hold harmless LICENSOR, its successors in
interest and assigns, from any claims, liability, damages, expenses, costs or attorney
fees incurred by LICENSOR, arising from LICENSEE'S use of the property or as a
result of any negligent, grossly negligent or intentional act or omission by LICENSEE,
its agents, employees, or assignees.
4. LICENSEE agrees to provide general liability insurance, with an insurance
company with a A.M. Best, Inc. rating of B++6 or better, covering the property which is
the subject of the License and any liability arising from the use of the property in the
amount of two million dollars ($2,000,000). LICENSEE shall provide LICENSOR with a
certificate of insurance reflecting this general liability insurance and which also reflects
that LICENSOR is named as additional insured on LICENSEE'S general liability
policy.

5. LICENSEE agrees to install and maintain, at LICENSEE's sole cost and
expense, all necessary trade fixtures, refrigerators, coolers, warmers, dispensers,
display cabinets, counters, furniture and food service equipment and LICENSEE shall
maintain said furniture, fixtures and equipment in a safe condition. Licensee, at its sole
cost and expense, shall obtain and maintain all applicable permits and licenses for its
business operations.
6. The License shall be automatically revoked in the event of, or at such time that
the LICENSEE fails to comply with the express terms of this license agreement, unless
said failure is cured within ten (10) days of delivery of a written notice to cure.
LICENSOR acknowledges that the License is subject to A.R.S. 38-511 and may be
cancelled pursuant thereto.
Licensee's noticing address:
The Silver Spoon Café, LLC
Attention: Garry Bismore
202 N. Central Avenue,
Phoenix, AZ 85003
Licensor's noticing address:
Maricopa County Finance Department
Attention: Real Estate Manager
301 W. Jefferson, Suite 960
Phoenix, AZ 85003
7. LICENSEE shall not assign the License without the express written permission of
LICENSOR, said permission may be withheld at LICENSOR's sole discretion.
8. LICENSEE shall not sell competing items, as outlined by the Arizona Department
of Economic Security Business Enterprise Program, at the Downtown Justice Center.
9. Except as provided for in paragraph 8 above, this License expresses the entire
agreement of the Parties. Any modification of this License must be in writing and
signed by both Parties.
THE LICENSE shall be binding upon and inure to the benefit of the respective parties,
their successors, personal representatives and assigns, and shall be governed by and
constructed under the laws of the State of Arizona.

IN WITNESS WHEREOF, the parties have hereunder set their signatures on the day
and year first written above.
LICENSOR: LICENSEE:
MARICOPA COUNTY The SILVER SPOON CAFE, LLC
414a---DEC
By 0 5 2007By
Chairman of the Board Its
ATTEST:
DEPulY CHL

Exhibit "A"
License Area