City Council Agenda and Packet 2019 09 10

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plans acceptable to the City.Such process shall be repeated until the City has approved final plans and specifications for the work. D.All work shall be completed in compliance with all codes,ordinances,rules and regulations of the City,in a good and workmanlike manner with appropriate building permits. Where required by City codes,ordinances,rules and regulations,the plans and specifications shall be stamped by a licensed architect or engineer.The DBA shall provide the City with lien waivers from all contractors or material providers providing work upon the Licensed Premises, in forms acceptable to the City.The DBA shall indemnify and hold harmless the City from all expense,liens,claims or damages to either persons or property arising out of or resulting from any work performed on the Licensed Premises at the instance of the DBA. E.Except for the improvements specifically authorized by the City,the DBA shall not place,build,expand,or add to any structures or other items on the Licensed Premises. 7.General Use and Care of Licensed Premises.The DBA shall use reasonable care and caution to prevent damage,destruction or injury to the Licensed Premises.The DBA shall comply with all applicable ordinances,resolutions,rules,and regulations in the DBA’s use and occupancy of the Licensed Premises.Upon final acceptance,the City shall be responsible for repair and maintenance of the site improvements installed by the DBA,except that the DBA shall be responsible for any repairs attributable to the negligence or other fault of the DRA. Upon final acceptance,the DBA shall also be responsible for operation of improvements during the DEA’s Exclusive Use Times. 8.Signs.The DBA shall not place or permit any signs on the Licensed Premises, except that the DBA may place temporary banner signs on the Licensed Premises in connection with the Street Faire,which signage shall comply with the City’s sign ordinances and regulations.Any other proposed for the Licensed Premises shall be subject to the prior written approval of the City,which approval may be granted or denied in the City’s sole discretion. 9.Hazardous Materials.The DBA shall not keep any hazardous materials in or about the Licensed Premises without prior written consent of the City,which will be granted or denied in the City’s sole discretion.“Hazardous material”includes but is not limited to asbestos, other asbestotic material (which is currently or may be designated in the future as a hazardous material),any petroleum base products,pesticides, paints and solvents,polychlorinated biphenyl, lead,cyanide,DDT,acids,ammonium compounds,and other chemical products (excluding commercially used cleaning materials in ordinary quantities)and any substance or material defined or designated as a hazardous or toxic substance,or other similar term,by any federal, state,or local law. 10.ComDliance.If the DBA fails to comply with its obligations under this Agreement,the City may at its sole option terminate this Agreement as provided herein or take 4 9