Agmt12 Bair Island Aquatic Center, Inc.

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C. Subiect to Citv Uses. The City reserves the right to use the real Property in common with BIAC, as long as such use does not materially interfere with BIAC's licensed Activities on the Property. D. Permits and Aoorovals. Before beginning any work in the Property, BIAC shall obtain any and all permits, licenses and approvals (collectively, "Approvals") of all regulatory agencies and other third parties that are required to commence, complete and maintain the permitted work. Promptly upon receipt of such Approvals, BIAC shall deliver copies of them to CITY. BIAC recognizes and agrees that no approval by CITY for purposes of BIAC's work hereunder shall be deemed to constitute the approval of any federai, state or local regulatory authority with jurisdiction, and nothing herein shall limit BIAC's obligation to obtain all such regulatory Approvals, at BIAC's sole cost. E. Exercise of Due Care. City shall use, and shall cause its employees to use, due care at all time to avoid damage or harm to BIAC's personal property located on the Property. BIAC shall use, and shall cause its Agents (as defined below) to use, due care at all times to avoid any damage or harm to City's property or other surrounding property and to native vegetation and natural attributes of the Property and to minimize bay shoreline erosion. Except as otherwise provided in this Agreement, BIAC shall not disturb the surface of the Property or perform any excavation work without the prior written approval of City, which City may withhold in its sole discretion. City shall have the right to condition and/or oversee any permitted excavation work. F. Resoonsibilitv for Maintenance of Facilities. BIAC shall be solely responsible for repairing and maintaining all facilities placed in or on the Property pursuant hereto in good and safe condition, and City shall have no duty whatsoever for any repair or maintenance of the Property. G. Revocabilitv. BIAC acknowledges and agrees that the installation of the facilities permitted hereunder, regardiess of cost, shall not in any way whatsoever limit City's right to revoke this License pursuant to the terms hereof or any of City's other rights hereunder. 6. Restrictions on Use. BIAC agrees that, by way of example only and without limitation, the following uses of the Property by BIAC, or any other person claiming by or through BIAC, are inconsistent with the limited purpose of this License and are strictly prohibited as provided below: A. Im�rovements. Except as otherwise expressly provided herein, BIAC shall not construct or place any temporary or permanent structures or improvements in, on, under or about the Property, nor shall BIAC make any alterations or additions to any of existing structures or improvements on the Property, unless BIAC first obtains CITY's prior written consent, which CITY may give or withhold in its sole and absolute discretion. For purposes hereof, asphalt, concrete and cementations concrete driveways, sidewalks and parking areas, shacks and storage facilities, and fences shall be deemed "improvements. B. Trees and Other Plantinas. BIAC shall not plant any trees or other vegetation in or on the Property, except as otherwise expressly provided herein and except in accordance with detailed plans approved by CITY in writing in advance. ATTY/AGR/2012.005/BIAC USE AGREEMENT (APN 052398-00) REV:01/17/12 Page 4 of 31