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B. Without limiting subsection (A), the Licensee agrees that the Licensee and the
<br />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 interrupted or
<br />suspended by the City, in its sole discretion, if access to the Licensed Area is requested for work
<br />within the right-of-way, including, but not limited, when access by the City or utility company is
<br />requested. The interruption or suspension of the Licensee's use of the Licensed Area may require
<br />removal of Improvements at the Licensee's sole cost and expense. The City shall endeavor to
<br />provide reasonable notice to the Licensee regarding the interruption or suspension of the use of
<br />the Licensed Area. If the City requests that the Licensee remove Improvements pursuant to this
<br />section, and the Licensee does not do so within fifteen (15) business days upon initial written
<br />notification from the City to the Licensee, the City or a third parry, may remove the
<br />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 requires
<br />immediate action as determined by the City, in its sole discretion, the City or its designee, may
<br />remove any Improvements, without notice. If Improvements are removed by the City, or its
<br />designee, due to an emergency or threat to public health and safety, the Licensee shall be solely
<br />responsible for all costs of re -installing and repairing any Improvements.
<br />6. LICENSE FEE:
<br />A. The Licensee shall pay to the City, upon the Effective Date of this Agreement, the
<br />"Outdoor Business Activity Permit (Parklets and Sidewalk Cafes) —Annual Use of Space Fee,"
<br />as adopted by Resolution 16063 of the Council, and as amended from time to time, until this
<br />License Agreement is terminated. The Annual Use of Space Fee shall be calculated based on the
<br />square footage of the Licensed Area and for this License Agreement is initially set at $6,413.86.
<br />The Licensee is solely responsible for confirming the accuracy of the square footage of the
<br />Licensed Area.
<br />7. REPAIR AND MAINTENANCE:
<br />A. The Licensee, at its sole cost and expense, agrees to repair and maintain the
<br />Licensed Area and all Improvements located thereon in good repair and condition (including the
<br />making of all necessary replacements) and in a neat, safe and clean condition. The City shall not
<br />be responsible for any damages or destruction of any Improvements to the Licensed Area.
<br />B. The Licensee shall comply, at all times, with the terms and conditions of this
<br />License Agreement and with the Operation and Maintenance standards identified in the
<br />Guidelines, as may be amended from time to time, and any governmental laws, rules and
<br />regulations applicable to the Licensed Area or the Improvements.
<br />REV: 09-10-24 VR
<br />ATTY/AGR.2024.156/Sakura (2198 Broadway) (Page 3 of 26)
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