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pursuant to Section 25316 of the California Health & Safety Code or any other federal, state,
<br />or local Law; a "hazardous waste" listed pursuant to Section 25140 of the California Health
<br />& Safety Code: any asbestos and asbestos containing materials whether or not such
<br />materials are part of the City Property or are naturally occurring substances in the City
<br />Property; and any petroleum, including, without limitation, crude oil or any fraction thereof,
<br />natural gas or natural gas liquids, provided, the foregoing shall not prohibit LICENSEE
<br />from traversing to, from and across the City Property in standard motor vehicles. The
<br />term "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 the
<br />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. Damage. LICENSEE will not do anything in, on, under or about the City Property
<br />that could cause damage or interference to any pipelines or other property located in, on,
<br />under or about the City Property except as authorized under the plans for Permitted Alterations.
<br />E. Use of Adioining Land. LICENSEE acknowledges that the privilege given under this
<br />license shall be limited strictly to the City Property. 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 except as necessary to perform Permitted Alterations.
<br />6. Covenant to Maintain Citv Prooenv. In connection with its use hereunder, LICENSEE shall
<br />at all times, at its sole cost and expense, maintain the City Property in a good, clean, safe, secure,
<br />sanitary and sightly condition. LICENSEE shall not create or permit any unsafe conditions upon the
<br />City Property, shall promptly report to CITY the discovery of any unsafe conditions, and shall take
<br />all actions necessary and reasonably appropriate to correct any unsafe conditions. LICENSEE shall
<br />erect and maintain as reasonably required by existing conditions all reasonable safeguards for
<br />safety and protection, including posting danger signs, barricades, and other warnings as necessary
<br />or appropriate with respect to hazards on or about the City Property.
<br />7. Removal or Alteration of Facilities. Without limiting CITY'S rights hereunder. LICENSEE
<br />shall promptly, at CITY's written request, alter or remove at its sole expense any and all facilities.
<br />improvements, plantings or other property installed or placed on the surface of the City Property
<br />by LICENSEE, as may be necessary to avoid any actual or potential interference with any of
<br />CITY's operations and use of the City Property as long as such action requested by the CITY does
<br />not interfere with the public use of the Public Access Trail. In the request, CITY shall have the right
<br />to specify reasonable time limits for completion of the work. If after such written notice
<br />LICENSEE fails to complete the requested work within the prescribed time limits, CITY shall
<br />have the right to perfonn the requested work and charge LICENSEE all costs and expenses incurred
<br />by CITY in performing the work. Such amount shall be due and payable upon CITY's demand. In
<br />the event of an emergency CITY may, at its sole option and without notice, alter, remove or
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<br />ATTY/AGR/2017.074/BLU HARBOR LICENSE AGREEMENT
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