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B. Without limiting subsection (A), the Licensee agrees that the Licensee and
<br />the Licensee's officers, agents, contractors, employees, guests and invitees, will not use, store,
<br />dispose or release within the Licensed Area any Hazardous Materials. As used herein,
<br />"Hazardous Materials" means any flammable explosives, radioactive materials, asbestos,
<br />polychlorinated biphenyls (PCB's), hazardous waste, toxic substances, or related materials,
<br />including, without limitation, substances defined as "hazardous substances," "hazardous
<br />materials," or "toxic substances" in any present or future federal, state, or local law applicable to
<br />the Licensed Area and the rules and regulations adopted or promulgated under or pursuant to any
<br />of the foregoing laws.
<br />C. Use of the Licensed Area for the Outdoor Business Activity may be
<br />interrupted or suspended by the City, in its sole discretion, if access to the Licensed Area is
<br />requested for work within the right-of-way, including, but not limited, when access by the City
<br />or utility company is requested. The interruption or suspension of the Licensee's use of the
<br />Licensed Area may require removal of Improvements at the Licensee's sole cost and expense.
<br />The City shall endeavor to provide reasonable notice to the Licensee regarding the interruption
<br />or suspension of the use of the Licensed Area. If the City requests that the Licensee remove
<br />Improvements pursuant to this section, and the Licensee does not do so within fifteen (15)
<br />business days upon initial written notification from the City to the Licensee, the City or a third
<br />parry, may remove the Improvements the Licensee's sole cost and expense.
<br />D. In the case of an emergency or a threat to public health and safety that
<br />requires immediate action as determined by the City, in its sole discretion, the City or its
<br />designee, may remove any Improvements, without notice. If Improvements are removed by the
<br />City, or its designee, due to an emergency or threat to public health and safety, the Licensee shall
<br />be solely responsible for all costs of re -installing and repairing any Improvements.
<br />6. LICENSE FEE:
<br />A. Except as provided in subsection (B) below, the Licensee shall pay to the
<br />City, upon the Effective Date of this Agreement, the "Outdoor Business Activity Permit
<br />(Parklets and Sidewalk Cafes) —Annual Use of Space Fee," as adopted by Resolution 16063 of
<br />the Council, and as amended from time to time, until this License Agreement is terminated. The
<br />Annual Use of Space Fee shall be calculated based on the square footage of the Licensed Area
<br />and for this License Agreement is initially set at $1,315.00. The Licensee is solely responsible
<br />for confirming the accuracy of the square footage of the Licensed Area.
<br />B. Waiver of Fee. If the Licensee applied for an Outdoor Business Activity
<br />Permit under the Program by January 20, 2023, the License Fee described in subsection (A) shall
<br />be waived for the first year of this License Agreement.
<br />7. REPAIR AND MAINTENANCE:
<br />A. The Licensee, at its sole cost and expense, agrees to repair and maintain
<br />the Licensed Area and all Improvements located thereon in good repair and condition (including
<br />the making of all necessary replacements) and in a neat, safe and clean condition. The City shall
<br />not be responsible for any damages or destruction of any Improvements to the Licensed Area.
<br />REV: 05-16-24 VR
<br />ATTY/AGR.2024.067/Peet's Coffee (2600 Broadway) (Page 3 of 23)
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