|
G. Pondina: 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 Proaertv. 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. Siqns. 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. Reaair of Damasae. 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:07/17/12
<br /> Page 6 Of 31
<br />
|