|
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 Adjoining 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 />ail 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 />Page 4 of 13
<br />REV: 03-19-19 PR
<br />ATTY/AGR.2019.058/CARLSEN SUBARU AND CARLSEN PORSCHE DEALERSHIPS
<br />
|