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foregoing representations is determined to be untrue as of the Effective Date or ceases to be true
<br />at any time after the Effective Date.
<br />5. Permitted Use,• Restrictions. The Grantee may use the Property for ordinary
<br />gardening activities, including, but not limited to, planting grass, plants, and placing temporary
<br />gardening appurtenances (such as plant stakes or cages). The Grantee may not construct or install
<br />any permanent improvement of any kind or description, including but not limited to any building,
<br />solid parking or patio surface, fencing, trees, or shrubbery (collectively, "Improvements") on the
<br />Property without the City's prior consent in writing. Any such Improvements installed or
<br />constructed without the City's prior written consent shall be immediately removed upon the City's
<br />demand. Grantee's failure to remove such Improvements within ten (10) days of the City's demand
<br />shall constitute a breach of this Agreement, and this Agreement shall automatically terminate. In
<br />the event the City consents to the Grantee's installation or construction of Improvements on the
<br />Property (the "Permitted Improvements"), upon termination of this Agreement, the Grantee will
<br />promptly remove the Permitted Improvements upon the City's demand, without any right to
<br />compensation or reimbursement for the value of the Permitted Improvements or the costs of
<br />removing the Permitted Improvements. The Parties mutually acknowledge and agree that the City
<br />will have (a) no liability for any costs associated with the installation, construction, maintenance,
<br />repair, or removal of any Permitted Improvements on the Property and (b) upon the revocation of
<br />the License or the termination of this Agreement, no obligation to compensate or reimburse the
<br />Grantee for the value of any Permitted Improvements to the Property or the value of maintenance
<br />activities conducted by the Grantee. All such costs will be the Grantee's responsibility at all times,
<br />including after the termination of this Agreement. Notwithstanding the foregoing, under no
<br />circumstances are political or advertising signage allowed at the Property. Grantee shall remove
<br />such signage within twenty-four (24) hours of the City's demand, otherwise, the City shall be
<br />entitled to remove it without liability to the Grantee or any third party. Further, if the City makes
<br />a demand to Grantee for the removal of political or advertising signage on more than one occasion,
<br />the City may terminate this Agreement immediately in accordance with Section 3 hereof. The City
<br />appoints the Property Development Manager in the Department of Community Investment to act
<br />on the City's behalf in regard to Section #5 of this Agreement.
<br />6. Maintenance; Restoration. The Grantee, at the Grantee's sole expense, will at all
<br />times maintain and keep in good order and condition the Property and any permitted Improvements
<br />on the Property, including, but not limited to, grass cutting, tree and shrub trimming, and clearing
<br />snow and ice from all sidewalks or other public rights -of -way on or abutting the Property,
<br />including any tree lawn area, in accordance with applicable zoning, building, property
<br />maintenance, and other regulations and authorities. In the event the Grantee (or any of the
<br />Grantee's licensees or invitees) disturbs or damages any part of the Property, the Grantee will
<br />promptly restore such area(s) to substantially the same condition that existed immediately prior to
<br />such disturbance or damage, to the City's satisfaction as determined in the City's sole discretion.
<br />7. Security. The Grantee understands and agrees that the City shall not be liable for
<br />any loss, damage, destruction, or theft of any of Grantee's personal property, including, but not
<br />limited to, the fruit or vegetables or other crops grown or harvested by Grantee, or any bodily harm
<br />or injury that may result from Grantee's use of the Property.
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