MARTIN AVENUE BUFFER ZONE 14-1284C

SITE by the CIT ...wring such periods of time as ZONE 7 .cermines that such suspension or limitation is necessary in the interest of public safety, national security, or the operation or maintenance of its water facilities. Zone 7 will provide notice of its determination to suspend or limit use to CITY pursuant to section 15 of this License Agreement. 5. Park Maintenance and Operation a. CITY shall cause any park and recreational improvements to be constructed, maintained and operated in an orderly, safe, and sanitary manner at all times including but not limited to: pathways for bicycle, pedestrian or equestrian uses, information warning signs, landscaping and the maintenance, removal or replacement of trees. b. The removal of waste, litter and other items from the SITE shall be the responsibility of the CITY, unless such waste or litter is caused by Zone 7 or its contractors in which situation Zone 7 shall be responsible for removal. c. CITY shall keep the SITE free from weeds as required to meet fire protection standards as mandated by the fire protection agency having jurisdiction. City shall invoice Zone 7 for 50% of the actual costs incurred by CITY for weed abatement along with supporting documents and information. ZONE 7 shall pay the CITY's invoice within 30 days of receipt. d. Major maintenance activities undertaken by the CITY, including but not limited to: tree removal or replacement, shall not be commenced without prior notification to ZONE 7 unless immediate action is necessary to preserve public safety in which case, notice of CITY activity shall be provided to Zone 7 as soon as practical. Replacement trees shall be mutually agreeable to ZONE 7 and CITY. e. CITY shall adopt such rules and regulations it deems necessary to facilitate the orderly operation and control of the use of the SITE by the public for recreational purposes. If any such rule or regulation is contrary to the primary interest of water management, or is deemed by ZONE 7 to be adverse to its interest as the property owner, ZONE 7 may give notice of such fact to CITY and CITY shall change such rule or regulation in conformance to ZONE 7's request insofar as it may legally so do. 6. Violations of Permitted Use. Should the CITY, its employees, contractors, subcontractors, agents, or the general public construct, install, operate or maintain any park improvements in violation of the terms of this LICENSE, or in violation of any of the approvals granted hereunder, ZONE 7 may direct CITY, at CITY's sole cost, to remove the improvements from the LICENSED AREAS or to take other remedial action, as ZONE 7 may, in its sole discretion, determine to be appropriate CITY shall be afforded a period of thirty (30) days, within which to cure any such violations and comply with ZONE 7's directive. In the event CITY fails to cure within the above stated period, ZONE 7 shall have the right to take any and all actions to remediate the LICENSED AREAS and CITY shall reimburse ZONE 7 for all costs associated therewith. Zone 7, as it reasonably determines, may extend the period as may be necessary to cure the default, provided that the City has commenced the cure within the thirty (30) day period. 7. Condition of SITE Upon Termination. Upon termination of this LICENSE, CITY at its sole cost and expense shall remove any facilities installed on the SITE and, to the extent requested by ZONE 7, restore the SITE as nearly as possible to the condition in which it existed immediately prior to the date of execution of this LICENSE.