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;
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