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21. Liens. BIAC shall not permit any liens of any type, including but not limited
<br /> to mechanic's or material men's liens, stop notices or other liens (collectively "Liens") to be filed
<br /> against the Property by reason of any action or inaction by BIAC. If any liens of any type are
<br /> filed against the Property during the term of this Agreement as a result, directly or indirectly, of
<br /> any action or inaction by BIAC, BIAC shall cause the same to be discharged of record, by
<br /> payment of the claim, by posting and recording the bond contemplated by the California Civil
<br /> Code Section 3143, or by other action acceptable to CITY, within 20 days after demand by City.
<br /> BIAC shall indemnify, hold harmless, and defend CITY and CITY Indemnified Parties from and
<br /> against any and all claims relating to such liens.
<br /> 22. Security. BIAC hereby acknowledges that CITY shall have no obligation whatsoever to
<br /> provide security for the Property, and BIAC hereby assumes all responsibility for the protection
<br /> of BIAC, its agents and invitees from acts of third parties, and shall indemnify, defend, and hold
<br /> harmless CITY against any and all claims arising from or relating to failure to provide security.
<br /> 23. Compliance. At its sole cost and expense, BIAC shall comply and cause all BIAC
<br /> Parties to comply with ordinances, requirements, policies and standards of CITY and all other
<br /> governmental authorities with jurisdiction and authority over the Property and BIAC's Activities,
<br /> including but not limited to the Conditional Use Permit Number UP 2011-54, issued by CITY to
<br /> BIAC on or about December 15, 2011. BIAC shall not create or permit any unsafe conditions
<br /> upon the Property, shall promptly report to CITY the discovery of any unsafe conditions, and
<br /> shall take all actions necessary and reasonably appropriate to correct any unsafe conditions.
<br /> BIAC shall erect and maintain as reasonably required by existing conditions all reasonable
<br /> safeguards for safety and protection, including posting danger signs, barricades, and other
<br /> warnings as necessary or appropriate with respect to hazards on or about the Property. BIAC
<br /> shall comply with all laws, statutes, ordinances, and governmental rules, regulations, or
<br /> requirements and with good and safe practices in connection with its use of the Property.
<br /> 24. Compliance with Laws. BIAC shall, at its expense, conduct and cause to be conducted
<br /> all activities on the Property allowed hereunder in a safe and reasonable manner and in
<br /> compliance with all Laws of any governmental or other regulatory entity (including, without
<br /> limitation, the Americans with Disabilities Act) and all covenants, restrictions and provisions of
<br /> record, whether presently in effect or subsequently adopted and whether or not in the
<br /> contemplation of the parties. BIAC shall, at its sole expense, procure and maintain in force at all
<br /> times during its use of the Property any and all business and other licenses or approvals
<br /> necessary to conduct the activities allowed hereunder. BIAC understands and agrees that City
<br /> is entering into this License in its capacity as a property owner with a proprietary interest in the
<br /> Property and not as a regulatory agency with police powers. BIAC further understands and
<br /> agrees that no approval by City for purposes of this License shall be deemed to constitute
<br /> approval of any federal, state, City or other local regulatory authority with jurisdiction, and
<br /> nothing herein shall limit BIAC's obligation to obtain all such regulatory approvals at BIAC's sole
<br /> cost, or limit in any way City's exercise of its police powers.
<br /> 25. Changes to Property. The City reserves the right to temporarily close access to the
<br /> Property and to make changes to the Property, from time to time upon thirty (30) days written
<br /> notice to BIAC, including, without limitation, changes in the locations, size, shape and number of
<br /> entrances to the Property and to the fences, gates and other improvements on or benefiting the
<br /> Property. However, in the event of an emergency, City may make such changes without notice
<br /> to BIAC.
<br /> ATTY/AGR/2012.005/BIAC USE AGREEMENT(APN 052-398-00)
<br /> REV 01/17/12
<br /> Page 10 of 31
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