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gas or natural gas liquids, provided , the foregoing shall not prohibit LICENSEE from
<br /> traversing to, from and across the City Property in standard motor vehicles . The term
<br /> "release" or "threatened release" when used with respect to Hazardous Material shall
<br /> include any actual or imminent spilling , leaking , pumping , pouring, emitting, emptying,
<br /> discharging, injecting , escaping , leaching, dumping , or disposing in, on, under or about
<br /> the City Property.
<br /> C. Nuisances. LICENSEE shall not conduct any activities in , on, under or about the
<br /> City Property that constitute waste, nuisance or unreasonable annoyance (including ,
<br /> without limitation, emission of objectionable odors, noises or lights) to CITY, to the
<br /> owners or occupants of neighboring property, or to the public, or that constitute waste or
<br /> nuisance per se.
<br /> D. Use of Adjoining Land . LICENSEE acknowledges that the privilege given under this
<br /> license shall be limited strictly to License Area 1 . LICENSEE shall not traverse over or
<br /> otherwise use any adjoining lands owned by CITY but not within any public right-of-way,
<br /> street or sidewalk.
<br /> 6. Covenant to Maintain City Property. In connection with its use hereunder, LICENSEE
<br /> shall at all times, at its sole cost, maintain the City Property in a good, clean , safe, secure,
<br /> sanitary and sightly condition . LICENSEE shall not create or permit, nor shall LICENSEE allow
<br /> any of its Agents or Invitees to cause or permit, any unsafe conditions upon the City Property,
<br /> shall promptly report to CITY the discovery of any unsafe conditions, and shall take all actions
<br /> necessary and reasonably appropriate to correct any unsafe conditions . LICENSEE shall erect
<br /> and maintain as reasonably required by existing conditions all reasonable safeguards for safety
<br /> and protection , including posting danger signs, barricades, and other warnings as necessary or
<br /> appropriate with respect to hazards on or about the City Property.
<br /> 7. Removal or Alteration of Facilities. Without limiting CITY's rights hereunder,
<br /> LICENSEE shall promptly, at CITY's written request, alter or remove at its sole expense any and
<br /> all facilities, improvements, plantings or other property installed or placed in, on, under or about
<br /> License Area 1 by LICENSEE , as may be necessary to avoid any actual or potential
<br /> interference with any of CITY's operations and use of the City Property. In the request, CITY
<br /> shall have the right to specify reasonable time limits for completion of the work. If after such
<br /> written notice LICENSEE fails to complete the requested work within the prescribed time limits,
<br /> CITY shall have the right to perform the requested work and charge LICENSEE all costs and
<br /> expenses incurred by CITY in performing the work. Such amount shall be due and payable
<br /> upon CITY's demand. In the event of an emergency CITY may, at its sole option and without
<br /> notice, alter, remove or protect at LICENSEE's sole expense, any and all facilities,
<br /> improvements, plantings or other property installed or placed in , on , under or about License
<br /> Area 1 by LICENSEE, except for utility facilities owned by either a private company or a public
<br /> agency that are necessary for operations after an emergency as determined by CITY in its sole
<br /> discretion. The owner of such utility facilities shall, upon written or oral notice by CITY that an
<br /> emergency exists , take immediate action at its sole expense to protect, remove or relocate such
<br /> facilities as required by CITY to meet the emergency.
<br /> 8. Signs. LICENSEE shall not place, erect or maintain any sign, advertisement, banner or
<br /> similar object in, on , or about the City Property without CITY's prior written consent, which CITY
<br /> may withhold in its sole discretion .
<br /> ATTY/AGR/2016.240/BOARDWALK AUTO DEALERS
<br /> REV: 08-29-16 RL
<br /> Page 4 of 13
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