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are authorized. The Licensee agrees that it will not use the Licensed Area or install any
<br />improvements thereon in a manner, which violates this License Agreement, the
<br />Encroachment Permit, the Guidelines or City Code Chapter 29 or any applicable
<br />governmental laws, rules, or regulations.
<br />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,
<br />store, dispose or release within the Licensed Area any Hazardous Materials. As used
<br />herein, "Hazardous Materials" means any flammable explosives, radioactive materials,
<br />asbestos, polychlorinated biphenyls (PCB's), hazardous waste, toxic substances, or
<br />related materials, including, without limitation, substances defined as "hazardous
<br />substances," "hazardous materials," or "toxic substances" in any present or future federal,
<br />state, or local law applicable to the Licensed Area and the rules and regulations adopted
<br />or promulgated under or pursuant to any 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
<br />for work within the right-of-way, including, but not limited, when access by the City or
<br />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
<br />expense. The City shall endeavor to provide reasonable notice to the Licensee regarding
<br />the interruption or suspension of the use of the Licensed Area. If the City requests that
<br />the Licensee remove Improvements pursuant to this section, and the Licensee does not do
<br />so within fifteen (15) business days upon initial written notification from the City to the
<br />Licensee, the City or a third party, may remove the Improvements the Licensee's sole
<br />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,
<br />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
<br />Licensee shall be solely responsible for all costs of re -installing and repairing any
<br />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
<br />Fee," as adopted by Resolution 16063 of the Council, and as amended from time to time,
<br />until this License Agreement is terminated. The Annual Use of Space Fee shall be
<br />calculated based on the square footage of the Licensed Area and for this License
<br />Agreement is initially set at $5,027.28. The Licensee is solely responsible for confirming
<br />the accuracy of the square footage of the Licensed Area.
<br />REV: 11-05-25 VR
<br />ATTY/AGR.2025.296/Rockn Wraps (2053 Broadway) (Page 3 of 36)
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