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nature. City reserves the right to open the City Property to the public or enter into
<br />agreement with other parties for use of the Property.
<br />D. Responsibility for Vehicles. LICENSEE shall be solely responsible for all vehicles
<br />stored by Licensee, its Agents or Invitees (as such terms are defined below) on License
<br />Areas 2 and 3 pursuant hereto, and CITY shall have no duty whatsoever for any vehicle
<br />or personal property stored on License Areas 2 and 3.
<br />E. Revocabilitv. LICENSEE acknowledges and agrees that the installation of any
<br />improvements or facilities permitted hereunder, regardless of cost, shall not in any way
<br />whatsoever limit CITY's right to revoke this license pursuant to the terms hereof or any of
<br />CITY's other rights hereunder.
<br />5. Restrictions on Use. LICENSEE agrees that, by way of example only and without
<br />limitation, the following uses of License Areas 2 and 3 by LICENSEE, or any other person
<br />claiming by or through LICENSEE, are inconsistent with the limited purpose of this license and
<br />are strictly prohibited as provided below:
<br />A. Dumping. LICENSEE shall not cause or permit the dumping or other disposal in, on,
<br />under or about the City Property of landfill, refuse, Hazardous Material (as defined
<br />below) or any other materials, including but not limited to materials that are unsightly or
<br />could pose a hazard to the human health or safety, native vegetation or wildlife, or the
<br />environment.
<br />B. Hazardous Material. LICENSEE shall not cause, nor shall LICENSEE allow any of
<br />its Agents or Invitees (as such terms are defined below) to cause, any Hazardous
<br />Material (as defined below) to be brought upon, kept, used, stored, generated, released
<br />or disposed of in, on, under or about the City Property, or transported to, from or over
<br />the City Property. LICENSEE shall immediately notify CITY when LICENSEE learns of,
<br />or has reason to believe that, a release of Hazardous Material has occurred in, on, under
<br />or about the City Property. LICENSEE shall further comply with all Laws, edicts and the
<br />like requiring notice of such releases or threatened releases to governmental agencies,
<br />and shall take all action necessary or desirable to mitigate the release or minimize the
<br />spread of contamination. In the event that LICENSEE or its Agents or Invitees cause a
<br />release of Hazardous Material, LICENSEE shall, without cost to CITY and in accordance
<br />with all Laws and using the highest and best technology available, promptly return the
<br />City Property to the condition immediately prior to the release. In connection therewith,
<br />LICENSEE shall afford CITY a full opportunity to negotiate and participate in any
<br />discussion with governmental agencies and environmental consultants regarding any
<br />settlement agreement, cleanup or abatement agreement, consent decree or other
<br />compromise proceeding involving Hazardous Material, and any other abatement or
<br />clean-up plan, strategy and procedure. For purposes hereof, "Hazardous Material"
<br />means material that, because of its quantity, concentration or physical or chemical
<br />characteristics, is at any time now or hereafter deemed by any federal, state or local
<br />governmental authority to pose a present or potential hazard to public health, welfare or
<br />the environment. Hazardous Material includes, without limitation, the following: any
<br />material or substance defined as a "hazardous substance, pollutant or contaminant"
<br />pursuant to the Comprehensive Environmental Response, Compensation and Liability
<br />Act of 1980, as amended, 42 U.S.C. Sections 9601 at seg., or pursuant to Section
<br />25316 of the California Health & Safety Code or any other federal, state, or local Law; a
<br />"hazardous waste" listed pursuant to Section 25140 of the California Health & Safety
<br />Page 3 of 13
<br />REV: 03-19-19 PR
<br />ATTY/AGR.2019.058/CARLSEN SUBARU AND CARLSEN PORSCHE DEALERSHIPS
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