HATSUSHI ESTATES HOMEOWNERS - LICENSE AGMT - ENTRY ONTO CITY PROPERTY FOR LANDSCAPING

water conservation practices. 3. TERM. The term of this Agreement shall commence upon full execution of this Agreement by the parties. The City may terminate this Agreement in its reasonable discretion upon thirty (30) days written notice to Licensee. After the termination of this Agreement, Licensee shall vacate the Premises, and if so directed by the City, remove irrigation systems and/or landscaping. 4. NO PAYMENT FOR USE. City is not charging Licensee for use of the Premises. 5. LIMITATIONS ON LICENSEE'S USE OF CITY PROPERTY. 5(a). The Licensee's rights under this Agreement shall be a revocable non exclusive right to use the Premises "as is for the sole purpose identified in sections 1 and 2 of this Agreement. The City's permission to Licensee to use the Premises in accordance with this Agreement shall not create any right, title, or interest in the Premises. The Licensee's rights under this Agreement shall be subordinate to the rights of the City to use the Premises for any legitimate public purpose. In determining the Licensee's rights and responsibilities under this Agreement, the Licensee shall take direction from the City's Authorized Representatives: the City Manager, the Director of Community Development, the City Engineer, and any of their authorized designees. 5(b). The Licensee's rights to use Premises in accordance with this Agreement shall be subject to any other property rights held by other parties. The City makes no representation or guaranty to the Licensee regarding the extent of the City's property interest in the Premises, relative to the rights of other parties to use the same Premises, and relative to the Licensee's proposed uses of the Premises. 5(c). The Licensee shall, at its sole cost and expense, repair any damage arising out of Licensee's entry on the Premises, and Licensee shall restore the Premises to a condition equal to or better than the condition which existed prior to Licensee's entry on the Premises. Licensee shall reimburse the City for any costs incurred to cure a breach of Licensee's obligations under this Agreement. 6. RELATIONSHIP BETWEEN THE PARTIES. Licensee is, and at all times shall remain, an independent contractor solely responsible for all acts of its employees, agents, or contractors, including any negligent acts or omissions. Licensee is not City's agent, and shall have no authority to act on behalf of the City, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Licensee. 7. INSURANCE AND COMPLIANCE WITH LAW. 7(a). Insurance. During the term of this Agreement, Licensee shall maintain in full force and effect at its own cost and expense commercial general liability insurance that provides that the City, its elected and appointed officials, officers, employees and agents are named additional insureds under the policy. 7(b). Compliance with Law. Licensee shall comply with all applicable legal Page 2 of 4