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K The Premises shall not jeopardize or endanger the public health or safety of person
<br /> visiting, residing, working, or conducting business in the surrounding area
<br /> L The Premises shall not result in repeated nuisance activities within the Premises or in
<br /> close proximity of the Premises, including but not limited to disturbance of the peace, illegal drug
<br /> activity, public drunkenness,drinking in public,harassment of passersby, gambling,prostitution,sale of
<br /> stolen goods,public urination,theft,assaults, batteries,acts of vandalism, littering,loitering, graffiti,
<br /> illegal parking,excessive loud noises, especially in the late night or early morning hours,traffic
<br /> violations,curfew violations, lewd conduct, or police detentions and arrests
<br /> M That the Premises upkeep and operating characteristics are compatible with, and will not
<br /> adversely affect,the livability or appropriate development of abutting properties and the surrounding
<br /> neighborhood
<br /> Section 6 Alterations and Repairs Tenant accepts the Premises in its"as-is"condition as of
<br /> the Effective Date of this Agreement,without any warranty, express or implied
<br /> Section 7 Maintenance of Premises Tenant shall,at his own cost,maintain the Premises in
<br /> good order and repair City shall also have the right to enter the Premises, at reasonable times,for
<br /> inspection and maintenance purposes Should an inspection disclose the need for maintenance or repairs,
<br /> City shall provide Tenant with written notice of the items requiring repair or maintenance If action is not
<br /> taken on such items by Tenant within fifteen(15)days from the provision of such notice, City may enter
<br /> the Premises and take whatever action is necessary to perform such maintenance or repairs at Tenant's
<br /> expense
<br /> Section 8 Improvements Tenant shall not make any improvements to the Premises without the
<br /> prior written consent of City except,that after making reasonable attempts to contact City for its approval,
<br /> Tenant may undertake minor maintenance and repairs to the Premises which Tenant determines are
<br /> immediately necessary to protect against injury to persons or property Within three(3)days of
<br /> performing any minor maintenance or repairs not verbally approved by City, Tenant shall provide written
<br /> notification to City of the same All proposals for improvements shall be submitted in writing to City for
<br /> its consideration and prior approval City shall approve or disapprove such proposals within twenty(20)
<br /> days of their submission Tenant shall have the right to remove all improvements made by him to the
<br /> Premises provided such removal results in no damage to the Premises Improvements not removed by
<br /> Tenant shall, on expiration or earlier termination of this Agreement,remain on the Premises and become
<br /> the property of City
<br /> Section 9 indemnity Tenant shall defend, indemnify and hold harmless City, and its elected
<br /> officials, officers,employees and agents from and against any and all claims,causes of action,damages
<br /> and liability resulting from Tenant's negligent acts or omissions,and willful misconduct of Tenant, and
<br /> his agents,employees and invitees during Tenant's occupation and use of the Premises during the term of
<br /> this Agreement This section shall survive any termination of this Agreement
<br /> Section 10 Public Liabilitv and Pronertv Damage Insurance Tenant shall maintain at his own
<br /> cost for the term of this Agreement,public liability insurance in the amount of One Million Dollars
<br /> ($1,000,000)per occurrence and Two Million Dollars($2,000,000)in the aggregate,issued by an
<br /> insurance company acceptable to City Tenant shall provide Licensor with a certificate of insurance and
<br /> endorsements showing City as an additional insured on the policy prior to Tenant's use and occupancy of
<br /> the Premises Such insurance shall be primary with respect to City and non-contributory to any insurance
<br /> or self-insurance maintained by City The policy shall require that before amending or canceling the
<br /> policy,the issuing insurance company shall give City at least thirty(30)days prior written notice City
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<br /> LkaldjinlAgreementslLicense Agreement for Outdoor Dining Services Cheesewalla 9.6.docx
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