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<br /> natural gas or natural gas liquids, provided, the foregoing shall not prohibit LICENSEE
<br /> from traversing to, from and across the Sublicense Area in standard motor vehicles. The
<br /> term "release" or "threatened release" when used with respect to Hazardous Material
<br /> shall include any actual or imminent spilling, leaking, pumping, pouring, emitting,
<br /> emptying, discharging, injecting, escaping, leaching, dumping, or disposing in, on, under
<br /> or about the Sublicense Area.
<br /> C. Nuisances. LICENSEE shall not conduct any activities in, on, under or about the
<br /> Sublicense Area that constitute waste, nuisance or unreasonable annoyance (including,
<br /> without limitation, emission of objectionable odors, noises or lights) to CITY, to the
<br /> owners or occupants of neighboring property, or to the public, or that constitute waste or
<br /> nuisance per se.
<br /> D. Use of Adioining Land. LICENSEE acknowledges that the privilege given under this
<br /> License shall be limited strictly to the Sublicense Area. LICENSEE shall not traverse
<br /> over or otherwise use any adjoining lands of CITY.
<br /> E. Pondina: Water Courses. LICENSEE shall not cause any ponding on the
<br /> Sublicense Area or any flooding on adjacent lands. LICENSEE shall not engage in any
<br /> activity that causes any change, disturbance, fill, alteration or impairment to the bed,
<br /> bank, or channel of any natural water course, wetland, or other body of water on, in,
<br /> under or about the Sublicense Area, nor shall LICENSEE engage in any activity that
<br /> could pollute or degrade any surface or subsurface waters or result in the diminution or
<br /> drainage of such waters.
<br /> 5. Utilities. The following utility services shall be provided by CITY, at its cost, and are
<br /> included in the License Fee to be paid by LICENSEE under Section 2: garbage collection and
<br /> water. CITY's obligation to provide such utilities shall be for LICENSEE's reasonable use only,
<br /> and any utility usage that is excessive will be the responsibility of LICENSEE. All other utilities
<br /> or services provided to the Sublicense Area, including without limitation: electricity, gas, sewer,
<br /> telephone service, cable or satellite television service, etc., shall be at LICENSEE's sole cost
<br /> and expense. LICENSEE agrees to pay all such utility charges and services that may be
<br /> available to LICENSEE. Subject to the reasonable availability of utilities to CITY at the
<br /> Docktown Marina, CITY will endeavor to make available to LICENSEE, with no guarantee of the
<br /> ability to do so, electric service, sewer, and water. CITY does not warrant the availability of any
<br /> utility services, including but not limited to electric service, sewer, and water, and shall not be
<br /> responsible for any damage or injury due to the interruption or unavailability of utility services.
<br /> CITY does not warrant that the utility services will be compatible with the utility service
<br /> requirements of the Peninsula Yacht Club.
<br /> A. Electrici . If LICENSEE is found to be using any electrical service other than the
<br /> one specifically assigned to LICENSEE, such action constitutes cause for immediate
<br /> termination of this Agreement.
<br /> B. Water. Any violation of water privileges by LICENSEE shall constitute a default
<br /> under this Agreement and CITY may, at its option, charge LICENSEE a reasonable sum
<br /> for the use of the water, turn the water off, terminate this Agreement, and/or take such
<br /> additional and/or other appropriate measures as CITY deems proper. CITY also
<br /> reserves the right to terminate water services to the Sublicense Area at any time if, in its
<br /> own judgment, CITY determines that water privileges have been or are being abused.
<br /> ATTY/AGR/2013.107DOCKTOWN YACHT CLUB SUBLICENSE AGREEMENT
<br /> REV:08-21-13 VR
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