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upon City Property until such time as both the Lot Line Adjustment and subsequent Coastal <br /> Permit are approved by the City. <br /> 2. Conditions With Respect to the Use of City Property. The use of the City <br /> Property by the Applicant shall not unreasonably interfere with the use and enjoyment by City of <br /> City Property. Applicant shall not have the right to alter,remove,relocate, damage or destroy, or <br /> otherwise materially impair the use of the City Property or any improvements located thereon or <br /> thereunder without the express prior written consent of City or its successors and assigns. <br /> 3. Non-exclusive Nature of Use of City Property. City hereby expressly <br /> reserves the right to use the surface and subsurface areas of all areas of the City Property in any <br /> manner so long as such use does not materially interfere with Applicants temporary rights <br /> granted under Section 1 of this Agreement. Applicants shall not unreasonably deny access to <br /> City. <br /> 4. Maintenance Agreement. Applicant, for itself and its successors and <br /> assigns,hereby agrees to maintain and repair or cause to be maintained and repaired the City <br /> Property, in a first class condition and repair, free of rubbish, debris and other hazards to persons <br /> using the same, and, in accordance with all applicable laws,rules, ordinances and regulations of <br /> all federal, state, and local bodies and agencies having jurisdiction, at Applicant's sole cost and <br /> expense. Such maintenance and repair shall include,but not be limited to,the care and <br /> replacement of all shrubbery,plantings, and other landscaping in a healthy condition. <br /> 5. Indemnification,Assumption of Risks,Release and Hold Harmless. <br /> Applicant agrees to assume any and all risk of injury, death and property damage incurred in its <br /> use of the City Property. In consideration for being permitted to use the City Property,Applicant <br /> agrees,to the fullest extent permitted by law,to indemnify, defend, and hold harmless the City, <br /> its officials, officers, employees, and agents(collectively,the"City Parties") from and against <br /> any and all claims, actions, or suits for damages to persons or property, losses, costs,penalties, <br /> obligations, errors, or omissions that may be asserted or claimed by any person,firm, or entity <br /> and any other liabilities whether actual or threatened("Claims or Liabilities")in connection with <br /> the use of the City Property and other activities conducted by Applicant, its officers, employees, <br /> agents, subcontractors, invitees or persons for which Applicant is legally liable ("Applicant <br /> Parties"), or from any other persons involved in the use of the City Property, and Applicant <br /> agrees to waive its rights to make any of the above claims through a lawsuit or otherwise against <br /> the City Parties. <br /> In connection with Applicant's obligation to indemnify, defend and hold the City Parties <br /> harmless,where applicable: <br /> (a) Applicant shall defend any action or actions filed in connection with any <br /> of said Claims or Liabilities and shall pay all reasonable costs and expenses, including legal costs <br /> and attorneys' fees incurred in connection therewith; <br /> 2 <br />