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A. Application. This Article does not apply to:

1. The temporary use of City real property otherwise authorized by ordinance;

2. The use of City right-of-way governed by Phoenix City Code Chapter 31, Article VII, Temporary Use Of Right-Of-Way;

3. The airport as defined by the Phoenix City Code Chapter 4; or

4. Licenses for the use of recreational facilities under Chapter XXIII, Section 2.

B. Authority. The City Manager may permit the temporary use of unimproved City real property as provided in this Article. However, nothing in this Article shall be interpreted as creating a right or entitlement to a license.

C. Definitions.

1. Temporary revocable license means a license for a specific and approved use with a duration of no more than 180 days, that is issued by the Finance Department, that is non-renewable, and that is issued to allow for the temporary use of unimproved City real property. Any use beyond 180 days must be authorized by ordinance.

2. Unimproved City real property means real property, or a portion thereof, owned by the City that does not contain habitable structures.

D. A temporary revocable license shall not be issued in the following circumstances:

1. Where the City determines that a franchise or license is required under State Law for the requested use;

2. For any habitable structure located on City real property.

E. The temporary use of City real property pursuant to a temporary revocable license under this Article shall be subject to the following:

1. The use shall be consistent with applicable Building and Zoning Codes and Regulations.

2. The use shall not conflict with existing or proposed uses of the property.

3. The license may be further restricted by terms and conditions as determined by the City Manager. Any such terms and conditions will be incorporated into the license and administered by the Finance Department.

4. Any license holder shall submit proof of insurance or an acceptable program of self-insurance for the types of coverages and in the amounts required by the City Finance Department, Risk Management Division. All such insurance shall name the City as an additional insured, with endorsements as appropriate, and shall be maintained throughout the entire term of the license.

5. The license holder shall agree to protect, indemnify, defend and hold harmless the City for any claim for damage to person, business, or property that may be brought against the City as a result of the license holder’s temporary use of City property.

F. Written instrument. All temporary revocable licenses authorized herein shall be evidenced by a separate written instrument, which shall include general and special conditions as determined necessary by the City Manager for the license holder’s temporary use of City real property.

G. License fees. Applicants for a temporary revocable license shall pay all required application and other related fees and security deposits, and shall secure all necessary permits and approvals.

H. License revocation. A temporary revocable license authorized by the City Manager is subject to revocation at any time in the sole and unfettered discretion of the Finance Director. (Ord. No. G-5090, § 1, 2008)