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owners or occupants of neighboring property, or to the public, or that constitute waste or
<br /> nuisance per se.
<br /> F. Use of Adioininq Land. COUNTY acknowledges that the privilege given under this
<br /> License shall be limited strictly to the License Area. COUNTY shall not traverse over or
<br /> otherwise use any adjoining lands of CITY, including the remaining portion of City
<br /> Property.
<br /> G. Pondino: Water Courses. COUNTY shall not cause any ponding on the License
<br /> Area or any flooding on adjacent land. COUNTY shall not engage in any activity that
<br /> causes any change, disturbance, fill, alteration or impairment to the bed, bank or
<br /> channel of any natural water course, wetland, or other body of water on, in, under or
<br /> about the License Area, nor shall COUNTY engage in any activity that could pollute or
<br /> degrade any surface or subsurface waters or result in the diminution or drainage of such
<br /> waters.
<br /> 7. Term of License. The privilege conferred to COUNTY pursuant to this Use Agreement
<br /> shall be for a three (3) year term ("Term"), commencing on the Commencement Date and
<br /> expiring on February 28, 2015 ("Expiration Date"), unless earlier terminated by either party by
<br /> delivering written notice to the other party not less than thirty (30) days prior to the date of
<br /> termination. Subject to the foregoing, CITY may at its sole option freely revoke and terminate
<br /> this License at any time without cause or liability, and without any obiigation to pay any
<br /> consideration to COUNTY or return to COUNTY any part of the License Fee. Upon any
<br /> revocation or termination, COUNTY shall immediately surrender the License Area in the
<br /> condition required under this License Agreement. The Term may be extended for up to an
<br /> additional three (3) years by the mutual agreement of both parties. The City Manager is
<br /> authorized to execute such extensions of the License Agreement on a year-to-year basis. In no
<br /> event shall COUNTY have the right to unilaterally extend the Term beyond the Expiration Date.
<br /> 8. Covenant to Maintain License Area. In connection with its use hereunder, COUNTY
<br /> shall at all times, at its sole cost, maintain the License Area in a good, clean, safe, secure,
<br /> sanitary and sightly condition.
<br /> 9. Removal or Alteration of Facilities. Without limiting CITY's rights hereunder, COUNTY
<br /> shall promptly, at CIIY's written request, alter or remove at its sole expense any and all
<br /> facilities, improvements, plantings or other property installed or placed in, on, under or about the
<br /> License Area by COUNTY, as may be necessary to avoid any actual or potential interference
<br /> with any of CITY's operations and use of the License Area. In the request, CITY shall have the
<br /> right to specify reasonable time limits for wmpletion of the work. If after such written notice
<br /> COUNTY fails to complete the requested work within the prescribed time limits, CITY shall have
<br /> the right to perform the requested work and charge COUNTY all costs and expenses incurred
<br /> by CITY in performing the work. Such amount shall be due and payable upon CITY's demand.
<br /> In the event of an emergency CITY may, at its sole option and without notice, alter, remove or
<br /> protect at COUNTY's sole expense, any and all facilities, improvements, plantings or other
<br /> property installed or placed in, on, under or about the License Area by COUNTY, except for
<br /> utility facilities owned by either a private company or a public agency that are necessary for
<br /> operations after an emergency as determined by CITY in its sole discretion. The owner of such
<br /> utility facilities shall, upon written or oral notice by CITY that an emergency exists, take
<br /> immediate action at its sole expense to protect, remove or relocate such facilities as required by
<br /> CITY to meet the emergency.
<br /> ATTY/AGR/2012.008/COUNTY JAIL CEMEX SITE LICENSE AGREEMENT
<br /> REV:03-12-12 VR
<br /> Page 6 ot 17
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