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The license hereby granted is subject to and shall be used by Bertuglia in accordance with the City Charter
<br /> and with all applicable laws, rules,regulations, codes,policies,and standards of the City and of any other
<br /> governmental entity having jurisdiction over the public street, right-of-way, and sidewalk (whether in
<br /> effect on the Effective Date or adopted or enacted thereafter)("Applicable Law"),and with the terms and
<br /> conditions of this Agreement. In no event shall Bertuglia have the right to use the Encroachment Area for
<br /> any purpose other than for the existing placement of the single-family dwelling,or to use any portion of
<br /> the S. Holmes Ave.right-of-way that is outside of the Encroachment Area to accommodate an expansion
<br /> or enlargement of the existing single-family dwelling.
<br /> 3. Term. This Agreement shall be in effect from and after the Effective Date with no term, subject
<br /> however,to termination as set forth in paragraph eight(8)hereof.
<br /> 4. Non-exclusive license. The license granted by this Agreement is not exclusive, and is subject and
<br /> subordinate to: (a)the right of the City to use the Encroachment Area for any purpose,including the right
<br /> to make any repairs, modifications,or other changes to the Encroachment Area; (b) any existing utility,
<br /> drainage or communication facility located within, on, under, over, or upon the Encroachment Area
<br /> and/or S.Holmes Ave.;(c)all vested rights presently owned by any utility or communication company;(d)
<br /> any existing license, lease,easement,or other interest heretofore granted by the City; (e)the terms and
<br /> conditions of this License Agreement;and(f)applicable Law.
<br /> 5. Use.
<br /> CA (a)All use of the Encroachment Area under this Agreement by Bertuglia shall be conducted and performed
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<br /> O) in such a manner so as not to interfere with the public use of the S.Holmes Ave.right-of-way,or to create
<br /> CO a dangerous condition on any portion of the S. Holmes Ave. right-of-way.
<br /> (b)The use of the Encroachment Area by Bertuglia shall be conducted and performed in a safe,clean,and
<br /> neat manner,as determined by the City, and the Encroachment Area shall be maintained by Bertuglia in
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<br /> N good condition,as determined by the City. Prior to instituting any maintenance or work on or within the
<br /> Encroachment Area,Bertuglia shall secure from the City any necessary permits,including building and/or
<br /> right-of-way permits. The City shall be the sole judge of the quality of the maintenance,and upon written
<br /> notice from the City, by and through the City Manager or the City Manager's designee,stating in general
<br /> terms how and in what manner the maintenance is required, Bertuglia shall perform such required
<br /> maintenance. If Bertuglia fails to do so,the City shall have the right(in addition to any other rights of the
<br /> City provided for herein)to perform such maintenance,the cost of which shall be borne by Bertuglia.
<br /> (c) In connection with this Agreement, Bertuglia is and shall at all times be and remain responsible and
<br /> liable for the acts and omissions of Bertuglia and his representatives, agents, contractors, consultants,
<br /> licensees, guests, and invitees, and their respective owners, directors, partners, managers, officers,
<br /> employees, representatives, agents, contractors, consultants, licensees, guests, and invitees. The
<br /> provisions of this subparagraph(c)shall survive the termination or expiration of this Agreement.
<br /> (d)The City has and shall at all times have the right to enter into,upon,under and over the Encroachment
<br /> Area for any purpose whatsoever, including to make any modifications, repairs,or other changes to the
<br /> Encroachment Area.
<br /> (e)Nothing in this agreement is intended to limit or to affect any of the City's regulatory or police powers,
<br /> and it is the responsibility of Bertuglia to comply with all applicable rules, regulations and ordinances of
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