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4.Permitted Use; Restrictions. The Developer may use the Commission Property for the sole
<br />purpose of vehicular ingress and egress by Developer and its agents, contractors, employees and patrons
<br />related to the use of the Developer Property (the “Use”). The Developer understands and agrees that it
<br />will, at its own expense, observe and comply with, or cause to be observed and complied with, all
<br />applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all governmental
<br />authorities in relation to the Use. The Developer shall further be responsible for any costs associated with
<br />the Use, that will not disrupt Commission operations. The Developer understands and agrees that it is
<br />fully responsible for the Use, and represents and warrants that the Use will not result in any hazardous
<br />materials, knowingly or unknowingly, entering any portion of the Commission Property. For purpose of
<br />this Agreement, “hazardous materials” shall mean any waste which is listed, has the characteristics of, or
<br />is otherwise identified as a hazardous waste or subject waste under applicable state or federal laws or
<br />regulations. The Developer further agrees that it may not construct or install any permanent improvement
<br />of any kind or description on the Commission Property without the Commission’s prior consent in writing.
<br />5.Maintenance; Restoration. The Developer, at the Developer’s sole expense, will at all
<br />times maintain and keep in good order and condition the Commission Property including, but not limited
<br />to, clearing garbage, debris, snow, and ice from the Commission Property, including any tree lawn area,
<br />in accordance with applicable zoning, building, property maintenance, and other regulations and
<br />authorities. In the event the Developer (or any of the Developer’s licensees or invitees) disturbs or
<br />damages any part of the Commission Property, the Developer will promptly restore such area(s) to
<br />substantially the same condition that existed immediately prior to such disturbance or damage, to the
<br />Commission’s satisfaction.
<br />6.Security. The Developer understands and agrees that the Commission shall not be liable
<br />for any loss, damage, destruction, or theft of any of the Developer’s personal property, or any bodily harm
<br />or injury that may result from the Developer’s use of the Commission Property.
<br />7.Indemnification. The Developer will indemnify and hold the Commission (and its
<br />officials, boards, employees, agents, and contractors) harmless from and against any and all claims, costs,
<br />damages, and liabilities of any kind resulting from damage or injury to any person or property upon the
<br />Commission Property, the Developer’s use of the Commission Property under the License, or otherwise
<br />in connection with this Agreement. If any action is brought against the Commission (or its officials,
<br />boards, employees, agents, or contractors) in connection with the Developer’s use of the Commission
<br />Property, the Developer agrees to defend such action or proceedings at its own expense and to pay any
<br />judgment rendered therein.
<br />8.Insurance. The Developer will maintain commercial general liability insurance coverage
<br />in the minimum amount of at least One Million Dollars ($1,000,000.00) per occurrence and will designate
<br />the City as an additional named insured under any such policy of insurance. Promptly following the
<br />Effective Date of this Agreement, the Developer will produce to the City a certificate of insurance
<br />evidencing the same.
<br />9.Reservation of Rights. The Commission reserves for itself the free use of the Commission
<br />Property in any manner that does not substantially interfere with or obstruct the Developer’s license under
<br />this Agreement.
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