Agmt26 Tong Sui (2400 Broadway) - Laserfiche WebLink

Browse Search

5. USE OF LICENSED AREA: A. The Licensee is authorized to use said Licensed Area for the purposes of conducting the Outdoor Business Activity described in Exhibit "A" and make certain improvements to the Licensed Area in accordance with the Guidelines and in compliance with the encroachment permit, including the approved Building Plans and associated conditions issued to the Licensee ("Improvements"). No other uses of the Licensed Area are authorized. The Licensee agrees that it will not use the Licensed Area or install any improvements thereon in a manner, which violates this License Agreement, the Encroachment Permit, the Guidelines or City Code Chapter 29 or any applicable governmental laws, rules, or regulations. B. Without limiting subsection (A), the Licensee agrees that the Licensee and the Licensee's officers, agents, contractors, employees, guests and invitees, will not use, store, dispose or release within the Licensed Area any Hazardous Materials. As used herein, "Hazardous Materials" means any flammable explosives, radioactive materials, asbestos, polychlorinated biphenyls (PCB's), hazardous waste, toxic substances, or related materials, including, without limitation, substances defined as "hazardous substances," "hazardous materials," or "toxic substances" in any present or future federal, state, or local law applicable to the Licensed Area and the rules and regulations adopted or promulgated under or pursuant to any of the foregoing laws. C. Use of the Licensed Area for the Outdoor Business Activity may be interrupted or suspended by the City, in its sole discretion, if access to the Licensed Area is requested for work within the right-of-way, including, but not limited, when access by the City or utility company is requested. The interruption or suspension of the Licensee's use of the Licensed Area may require removal of Improvements at the Licensee's sole cost and expense. The City shall endeavor to provide reasonable notice to the Licensee regarding the interruption or suspension of the use of the Licensed Area. If the City requests that the Licensee remove Improvements pursuant to this section, and the Licensee does not do so within fifteen (15) business days upon initial written notification from the City to the Licensee, the City or a third party, may remove the Improvements the Licensee's sole cost and expense. D. In the case of an emergency or a threat to public health and safety that requires immediate action as determined by the City, in its sole discretion, the City or its designee, may remove any Improvements, without notice. If Improvements are removed by the City, or its designee, due to an emergency or threat to public health and safety, the Licensee shall be solely responsible for all costs of re -installing and repairing any Improvements. REV: 05-07-26 VR ATTY/AGR.2026.121 /Tong Sui (2400 Broadway - Tong Sui) (Page 3 of 29)