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REV: 11-28-23 VR
<br />required by existing conditions all reasonable safeguards for safety and protection,
<br />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
<br />any and all facilities, improvements, plantings or other property installed or placed in,
<br />on, under or about the License Area by LICENSEE, as may be necessary to avoid any
<br />actual or potential interference with any of CITY's operations and use of the City
<br />Property. In the request, CITY shall have the right to specify reasonable time limits for
<br />completion of the work. If after such written notice LICENSEE fails to complete the
<br />requested work within the prescribed time limits, CITY shall have the right to perform
<br />the requested work and charge LICENSEE all costs and expenses incurred by CITY in
<br />performing the work. Such amount shall be due and payable upon CITY's demand. In
<br />the event of an emergency CITY may, at its sole option and without notice, alter,
<br />remove or protect at LICENSEE's sole expense, any and all facilities, improvements,
<br />plantings or other property installed or placed in, on, under or about the License Area by
<br />LICENSEE, except for utility facilities owned by either a private company or a public
<br />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
<br />CITY that an emergency exists, take immediate action at its sole expense to protect,
<br />remove or relocate such facilities as required by CITY to meet the emergency.
<br />8.Signs. LICENSEE shall not place, erect or maintain any sign, advertisement,
<br />banner or similar object in, on, or about the City Property without CITY’s prior written
<br />consent, which CITY may withhold in its sole discretion.
<br />9.Surrender. Upon the expiration or earlier termination of this License or within
<br />thirty (30) days after any sooner revocation or termination of this License, LICENSEE
<br />shall surrender the License Area in the same or better condition as received. At such
<br />time, LICENSEE shall remove all of its property from the License Area and any signs
<br />and, upon CITY’s request, other structures or improvements permitted hereunder, and
<br />shall repair, at its cost, any damage to the City Property caused by such removal.
<br />LICENSEE's obligations under this Section shall survive any termination of this License.
<br />10.Repair of Damage. If any portion of the City Property or any personal property
<br />of CITY located on or about the City Property is damaged or threatened by any of the
<br />activities conducted by LICENSEE or anyone acting by or through LICENSEE
<br />hereunder, LICENSEE shall immediately, at its sole cost, notify CITY by facsimile or
<br />electronic mail of such damage or threat. CITY may, but shall not be obligated, to
<br />remedy such damage or threat at LICENSEE’s sole cost, or CITY may elect to witness
<br />LICENSEE’s repair work. In the event CITY elects not to remedy such damage or
<br />threat, LICENSEE shall repair any and all such damage and restore the City Property or
<br />property to its previous condition subject to CITY’s inspection, review and approval.
<br />CITY has no responsibility or liability of any kind with respect to any utilities that may be
<br />on, in or under the City Property. Subgrade repairs will be at CITY’S sole cost.
<br />ATTY/AGR.2023.289/Carlsen Motor Cars (1402 Maple License Agreement) (Page 5 of 14)
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