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• <br /> ■ <br /> any petroleum product, including, without limitation, crude oil or any fraction <br /> thereof, natural gas or natural gas liquids, provided, the foregoing shall not prohibit <br /> AUTHORITY from using passenger vehicles, trucks and other motor vehicles and <br /> construction - related machinery and equipment on the City Property. The term <br /> "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, <br /> under or about the City Property. <br /> C. Nuisances. AUTHORITY shall use Areas 1 and 2 as a contractor's storage area <br /> and a bypass road, respectively, and shall conduct all activities within said Areas <br /> in compliance with applicable City ordinances including the City's noise ordinance. <br /> AUTHORITY shall endeavor to minimize to the extent reasonably possible any <br /> nuisance or annoyance to CITY, the owners or occupants of neighboring property, <br /> or to the public. <br /> D. Use of Adioininq Land, AUTHORITY acknowledges that the privilege given <br /> under this Agreement shall be limited strictly to the City Property. <br /> E. Pondina: Water Courses. AUTHORITY shall not cause any ponding on the City <br /> Property or any flooding on adjacent lands. AUTHORITY shall not engage in any <br /> activity that causes any change to a wetland within or in the vicinity of the City <br /> Property, nor shall AUTHORITY engage in any activity that could pollute or <br /> degrade any surface or subsurface waters or result in the diminution or drainage <br /> of such waters. <br /> 4. Term of Agreement. The term ( "Term "), of this Agreement commences on the <br /> Commencement Date (defined in Section 1, above) and expires September 16, 2014 <br /> ( "Expiration Date "), unless earlier terminated by either party by delivering written notice <br /> thereof to the other party not less than thirty (30) days prior to the date of termination. <br /> Subject to the foregoing notice requirement CITY may at its option revoke and terminate <br /> this Agreement at any time without obligation to pay any consideration to AUTHORITY. <br /> Upon any revocation or termination, AUTHORITY shall immediately surrender to CITY <br /> the City Property in the condition required hereunder. CITY's City Manager may extend <br /> the Term hereof on a month -to -month basis for up to an additional three (3) months upon <br /> AUTHORITY's written request. AUTHORITY has no right unilaterally to extend the Term. <br /> 5. Covenant to Maintain City Property. AUTHORITY shall at all times during its <br /> occupancy, at its sole cost, maintain the City Property in a good, clean, safe, secure, and <br /> sanitary condition. <br /> 6. Alteration. Relocation of Facilities. Without limiting C1TY's rights hereunder, <br /> AUTHORITY shall, at CITY's written reasonable request, alter, relocate within the City <br /> Property or remove (collectively, "Relocate" or "Relocation ") any Permitted Facilities <br /> installed or placed in, on, under or about the City Property by AUTHORITY as may be <br /> necessary to avoid interference with C1TY's proposed common use of the City Property. <br /> In its request, CITY shall have the right to specify reasonable time limits for completion of <br /> ATTYIAGRI2013.0611SBSA LICENSE AGREEMENT <br /> REV: 07 -10 -13 VR <br /> Page 6 of 13 <br />