Agmt07 Tarboosh Restaurant - Paseo Adjacent to 837 Jefferson Avenue

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! ! In addition to the Premises, Licensee Sh+1I be responsible for keeping the surrounding landscaped portions of the Paseo, hereinafter referred t as Area 2, free from all garbage, refuse and recyclables (garbage and refuse shall include but are n t limited to, cigarettes butts, wrappers, sups, straws, stirrers, and napkins). Area 2 is identified on th attached diagram and incorporated herein as Exhibit "0". The City shall be responsible for clean-up in the remaining areas of the Paseo and for maintenance and care of the trees. 6. USE AND TIME OF USE 6.1 Unless otherwise agreed to by icensor in writing, the Premises may be used only by Licensee and Licensee's agents, customers, a d contractors for the purposes stated herein. Licensee agrees to use the property in accord with all fe eral, state, and local laws and regulations, and any permits or entitlements, and the conditions stated ther in, issued pursuant to those laws. 6.2 The terms of the Licensee's cur ent Planning Use Permit, Architectural Permit, and Sidewalk Cafe Permit related to this project are atta hed hereto as Exhibit "E" and are incorporated herein by this reference. Failure to comply with any f the conditions stated in these Permits shall constitute a material breach of this agreement. The uses described in Section 5 may not commence until a new Planning Use Permit is obtained. User Fees will c ntinue to be assessed despite the failure of the Licensee to obtain a Planning Use Permit. 6.3 Licensee agrees not to use or permit use of the Premises for any unlawful purpose, and not to commit or permit any waste or nuisa ce in or about the Premises. Licensee will not use Premises in a manner that increases the risk of fire, cost of fire insurance or improvements thereon. Licensee at his/her expense, shall keep the Premises in as good condition as it was at the beginning of the terms hereof, except damage occasioned by ordinary wear and tear. 6.4 Licensee shall not do or permit to be done anything in any manner which unreasonably disturbs the U.S. Post Office, their em pi yees, customers, and visitors to the U.S. Post Office, or the occupants of neighboring property. Speci ically, and without limiting the above, Licensee agrees not to cause any unreasonable odors, noise, vibr tion, power emissions or other item to emanate from the Premises. No materials or articles of any natur shall be stored outside upon any portion of the A TTY / AGR/2007 .002 012407 5