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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. Pondinq; 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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