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Code; any asbestos and asbestos containing materials whether or not such materials
<br /> are part of the City Property or are naturally occurring substances in the City Property;
<br /> and any petroleum, including, without limitation, crude oil or any fraction thereof, natural
<br /> 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 Adioininq Land. LICENSEE acknowledges that the privilege given under this
<br /> license shall be limited strictly to License Areas 2 and 3. LICENSEE shall not traverse
<br /> over or otherwise use any adjoining lands owned by CITY but not within any public right-
<br /> of-way, 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 Areas 2 and 3 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 /> Areas 2 and 3 by LICENSEE, except for utility facilities owned by either a private company or a
<br /> public agency that are necessary for operations after an emergency as determined by CITY in
<br /> its sole discretion. The owner of such utility facilities shall, upon written or oral notice by CITY
<br /> that an emergency exists, take immediate action at its sole expense to protect, remove or
<br /> relocate such facilities as required by CITY to meet the emergency.
<br /> ATTY/AGR/2016.241/CARLSEN SUBARU
<br /> REV: 08-29-16 RL
<br /> Page 4 of 13
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