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REV: 11-28-23 VR
<br />and in accordance with all Laws and using the highest and best technology
<br />available, promptly return the City Property to the condition immediately prior to
<br />the release. In connection therewith, LICENSEE shall afford CITY a full
<br />opportunity to negotiate and participate in any discussion with governmental
<br />agencies and environmental consultants regarding any settlement agreement,
<br />cleanup or abatement agreement, consent decree or other compromise
<br />proceeding involving Hazardous Material, and any other abatement or clean-up
<br />plan, strategy and procedure. For purposes hereof, “Hazardous Material” means
<br />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
<br />local governmental authority to pose a present or potential hazard to public
<br />health, welfare or the environment. Hazardous Material includes, without
<br />limitation, the following: any material or substance defined as a “hazardous
<br />substance, pollutant or contaminant” pursuant to the Comprehensive
<br />Environmental Response, Compensation and Liability Act of 1980, as amended,
<br />42 U.S.C. Sections 9601 et seq., or pursuant to Section 25316 of the California
<br />Health & Safety Code or any other federal, state, or local Law; a “hazardous
<br />waste” listed pursuant to Section 25140 of the California Health & Safety Code;
<br />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
<br />Property; and any petroleum, including, without limitation, crude oil or any
<br />fraction thereof, natural gas or natural gas liquids, provided, the foregoing shall
<br />not prohibit LICENSEE from traversing to, from and across the City Property in
<br />standard motor vehicles. The term “release” or “threatened release” when used
<br />with respect to Hazardous Material shall include any actual or imminent spilling,
<br />leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping,
<br />leaching, dumping, or disposing in, on, under or about the City Property.
<br />C.Nuisances. LICENSEE shall not conduct any activities in, on, under or about
<br />the City Property that constitute waste, nuisance or unreasonable annoyance
<br />(including, without limitation, emission of objectionable odors, noises or lights) to
<br />CITY, to the owners or occupants of neighboring property, or to the public, or that
<br />constitute waste or nuisance per se.
<br />D.Use of Adjoining Land. LICENSEE acknowledges that the privilege given
<br />under this license shall be limited strictly to the License Area. LICENSEE shall
<br />not traverse over or otherwise use any adjoining lands owned by CITY but not
<br />within any public right-of-way, street or sidewalk.
<br />6.Covenant to Maintain City Property. In connection with its use hereunder,
<br />LICENSEE shall at all times, at its sole cost, maintain the City Property in a good, clean,
<br />safe, secure, sanitary and sightly condition. LICENSEE shall not create or permit, nor
<br />shall LICENSEE allow any of its Agents or Invitees to cause or permit, any unsafe
<br />conditions upon the City Property, shall promptly report to CITY the discovery of any
<br />unsafe conditions, and shall take all actions necessary and reasonably appropriate to
<br />correct any unsafe conditions. LICENSEE shall erect and maintain as reasonably
<br />required by existing conditions all reasonable safeguards for safety and protection,
<br />ATTY/AGR.2023.290/Town Motor Company (1402 Maple License Agreement) (Page 4 of 14)
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