|
6. 1. F. - Page 9
<br />G. Pondino: Water Courses BIAC shall not cause any ponding on the Property or any
<br />flooding on adjacent land. BIAC shall not engage in any activity that causes any change,
<br />disturbance, fill, alteration or impairment to the bed, bank or channel of any natural water
<br />course, wetland, or other body of water on, in, under or about the Property, nor shall
<br />BIAC engage in any activity that could pollute or degrade any surface or subsurface
<br />waters or result in the diminution or drainage of such waters.
<br />7. Term of License. The privilege conferred to BIAC pursuant to this Use Agreement shall
<br />commence on the Commencement Date and shall expire upon written notice from CITY
<br />revoking this License. City may at its sole option freely revoke and terminate this License at any
<br />time without cause or liability, and without any obligation to pay any consideration to BIAC or
<br />return to BIAC any part of the License fee. Upon any such revocation, BIAC shall immediately
<br />surrender the Property in the condition required hereunder. BIAC may terminate the License by
<br />delivering written notice to CITY not less than thirty (30) days prior to the date of termination. In
<br />addition, whether or not notice of termination is given under this Agreement, the License shall
<br />terminate concurrently with the termination of the Lease.
<br />8. Covenant to Maintain property In connection with its use hereunder, BIAC shall at all
<br />times, at its sole cost, maintain the Property in a good, clean, safe, secure, sanitary and slightly
<br />condition.
<br />9. Removal or Alteration of Facilities Without limiting City's rights hereunder, BIAC shall
<br />promptly, at City's written request, alter or remove at its sole expense any and all facilities,
<br />improvements, plantings or other property installed or placed in, on, under or about the Property
<br />by BIAC, as may be necessary to avoid any actual or potential interference with any of City's
<br />operations and use of the Property. In the request, City shall have the right to specify
<br />reasonable time limits for completion of the work. If after such written notice BIAC fails to
<br />complete the requested work within the prescribed time limits, City shall have the right to
<br />perform the requested work and charge BIAC all costs and expenses incurred by City in
<br />performing the work. Such amount shall be due and payable upon City's demand. In the event
<br />of an emergency City may, at its sole option and without notice, alter, remove or protect at
<br />BIAC's sole expense, any and all facilities, improvements, plantings or other property installed
<br />or placed in, on, under or about the Property by BIAC, except for utility facilities owned by either
<br />a private company or a public agency that are necessary for operations after an emergency as
<br />determined by City in its sole discretion. The owner of such utility facilities shall, upon written or
<br />oral notice by City that an emergency exists, take immediate action at its sole expense to
<br />protect, remove or relocate such facilities as required by City to meet the emergency.
<br />10. Suns BIAC shall not place, erect or maintain any sign, advertisement, banner or similar
<br />object in, on, or about the Property without CITY's prior written consent, which CITY may
<br />withhold in its sole discretion.
<br />11. Surrender Upon the expiration of this License or within ten (10) days after any sooner
<br />revocation or other termination of this License, BIAC shall surrender the Property in the same or
<br />better condition as received. At such time, BIAC shall remove all of its property from the
<br />Property and any signs and, upon City's request, other structures or improvements permitted
<br />hereunder, and shall repair, at its cost, any damage to the Property caused by such removal.
<br />BIAC's obligations under this Section shall survive any termination of this License.
<br />12. Repair of Damage If any portion of the Property or any personal property of City
<br />located on or about the Property is damaged) or threatened by any of the activities conducted by
<br />ATTY /AGR /2012.005/BIAC USE AGREEMENT (APN 052- 398 -00)
<br />REV:01/17/12
<br />Page 6 of 31
<br />
|