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6.1.F. - Page 6
<br />Section 25140 of the California Health & Safety Code; any asbestos and
<br />asbestos containing materials whether or not such materials are part of the
<br />License Area or are naturally occurring substances in the License Area; and any
<br />petroleum, including, without limitation, crude oil or any fraction thereof, natural
<br />gas or natural gas liquids, provided, the foregoing shall not prohibit LICENSEE
<br />from traversing to, from and across the License Area in standard motor vehicles,
<br />trucks or construction vehicles or from conducting the Activities on or about the
<br />License Area in accordance with all Laws. The term "release" or "threatened
<br />release" when used with respect to Hazardous Material shall include any actual
<br />or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging,
<br />injecting, escaping, leaching, dumping, or disposing in, on, under or about the
<br />License Area.
<br />C. Nuisances. LICENSEE shall not conduct any activities in, on, under or
<br />about the License Area that constitute waste or nuisance (including, without
<br />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
<br />waste or nuisance per se. The Activities authorized under this Agreement shall
<br />not constitute waste or nuisance per se.
<br />D. Ponding: Water Courses. LICENSEE shall not cause any ponding on the
<br />License Area or any flooding on adjacent lands. LICENSEE shall not engage in
<br />any activity that causes any change, disturbance, fill, alteration or impairment to
<br />the bed, bank, or channel of any natural water course, wetland, or other body of
<br />water on, in, under or about the License Area, nor shall LICENSEE engage in
<br />any activity that could pollute or degrade any surface or subsurface waters or
<br />result in the diminution or drainage of such waters.
<br />4. Term of License. Subject to the last paragraph of this Section 4, the privilege conferred
<br />to LICENSEE for the surface use of the License Area pursuant to this Agreement shall be for a
<br />term (the "Initial Term"), commencing on the Commencement Date and expiring on September
<br />30, 2018 ("Expiration Date"), provided, however, that upon the written request of LICENSEE,
<br />the term may be extended by the City Manager of CITY, in his or her sole and absolute
<br />discretion, for up to six (6) months (the "Extended Term"). During the Initial Term, CITY may,
<br />at its sole option and upon sixty (60) days' written notice to LICENSEE, freely revoke and
<br />terminate this License at any time without cause or liability. In addition, during any Extended
<br />Term, CITY may, at any time without cause or liability, and in the sole and absolute discretion of
<br />the City Manager, terminate this License upon thirty (30) days' written notice to LICENSEE.
<br />Upon any revocation or termination, LICENSEE shall surrender its occupation of the License
<br />Area surface on the date specified in the written notice (the "Surrender Date") and in the
<br />condition required under this License Agreement.
<br />5. Covenant to Maintain License Area. In connection with its use hereunder, LICENSEE
<br />shall at all times, at its sole cost, maintain the License Area in a good, clean, safe, secure,
<br />sanitary and sightly condition.
<br />6. Signs. LICENSEE shall not place, erect or maintain any sign, advertisement, banner or
<br />similar object in, on, or about the License Area without CITY's prior written consent, which CITY
<br />may withhold in its sole discretion.
<br />REV: 09-27-17 PR
<br />Page 4 of 11
<br />ATTY/AGR.2017.227/Devcon Construction Inc.
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