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6.1.A. - Page 7
<br /> License Area. COUNTY shall use, and shall cause its Agents (as defined below) to use,
<br /> due care at all times to avoid any damage or harm to the City Property or other
<br /> surrounding property and to native vegetation and natural attributes of the License Area
<br /> and to minimize bay shoreline erosion. COUNTY shall not disturb the surface of the
<br /> License Area or perform any excavation work without the prior written approval of CITY,
<br /> which CITY may withhold in its sole discretion. CITY shall have the right to condition
<br /> and/or oversee any permitted excavation work.
<br /> F. Responsibility for Maintenance of Facilities. COUNTY shall be solely responsible for
<br /> repairing and maintaining all facilities placed in or on the License Area pursuant hereto
<br /> in good and safe condition, and CITY shall have no duty whatsoever for any repair or
<br /> maintenance of the License Area.
<br /> G. Revocabilitv. COUNTY acknowledges and agrees that the installation of the
<br /> facilities permitted hereunder, regardless of cost, shall not in any way whatsoever limit
<br /> CITY's right to revoke this License pursuant to the terms hereof or any of CITY's other
<br /> rights hereunder.
<br /> 6. Restrictions on Use. COUNTY agrees that, by way of example only and without
<br /> limitation, the following uses of the License Area by COUNTY, or any other person claiming by
<br /> or through COUNTY, are inconsistent with the limited purpose of this License and are strictly
<br /> prohibited as provided below:
<br /> A. Improvements. Except as otherwise expressly provided herein, COUNTY shall not
<br /> construct or place any temporary or permanent structures or improvements in, on, under
<br /> or about the License Area unless COUNTY first obtains CITY's prior written consent,
<br /> which CITY may give or withhold in its sole and absolute discretion. For purposes
<br /> hereof, asphalt, concrete and cementitious concrete driveways, sidewalks and parking
<br /> areas, shacks and storage facilities, and fences shall be deemed "improvements".
<br /> B. Trees and Other Plantinqs. COUNTY shall not plant any trees or other vegetation in
<br /> or on the License Area, except in accordance with detailed plans approved by CITY in
<br /> writing in advance.
<br /> C. Dumpinq. COUNTY shall not cause or permit the dumping or other disposal in, on,
<br /> under or about the License Area of landfill, refuse, Hazardous Material (as defined
<br /> below) or any other materials, including but not limited to materials that are unsightly or
<br /> could pose a hazard to the human health or safety, native vegetation or wildlife, or the
<br /> environment.
<br /> D. Hazardous Material. COUNTY shall not cause, nor shall COUNTY allow any of its
<br /> Agents or Invitees (as such terms are defined below) to cause, any Hazardous Material
<br /> (as defined below) to be brought upon, kept, used, stored, generated, released or
<br /> disposed of in, on, under or about the License Area, or transported to, from or over the
<br /> License Area. COUNTY shall immediately notify CITY when COUNTY learns of, or has
<br /> reason to believe that, a release of Hazardous Material has occurred in, on, under or
<br /> about the License Area. COUNTY shall further comply with all laws, statutes,
<br /> ordinances, rules, regulations, policies, orders, edicts and the like (collectively, "Laws")
<br /> requiring notice of such releases or threatened releases to governmental agencies, and
<br /> shall take all action necessary or desirable to mitigate the release or minimize the
<br /> spread of contamination. In the event that COUNTY or its Agents or Invitees cause a
<br /> ATTY/AGR/2012.008/COUNTY JAIL CEMEX SITE LICENSE AGREEMENT
<br /> REV:02/01 /12
<br /> Page 4 of 16
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