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the proposed fee increase at prominent locations in the Clubhouse, which notices shall include
<br /> information concerning the time and place of the Parks & Recreation Commission meeting at
<br /> which CITY intends to consider the fee increase.
<br /> 5.10 Hazardous Materials
<br /> 5.10.1 Definition of Hazardous Materials. Hazardous Materials shall mean a)
<br /> petroleum; b) asbestos; c) polychlorinated biphenyls; d) radioactive materials; e) any and all
<br /> substances, products, by- products, waste or other materials of any nature or kind which is or
<br /> becomes listed, regulated or addressed by any federal, state or local laws, statutes, ordinances,
<br /> regulations, resolutions, decrees, rules, regulations, directives, orders, guidelines or court
<br /> decisions (collectively "Environmental Laws "); f) any materials, substances, products, by-
<br /> products, waste or other materials of any nature or kind whatsoever whose presence in and of
<br /> itself or in combination with other materials, substances, products, by- products or waste give
<br /> rise to liability under any Environmental Law or any statutory or common law theory based on
<br /> negligence, trespass, intentional tort, nuisance, strict or absolute liability or under any reported
<br /> decision of the state or federal court; or g) any substances, products, by- products, waste or
<br /> other materials which may be hazardous or harmful to the air, water, soil, environment or affect
<br /> industrial hygiene, occupational, health, safety or general welfare conditions.
<br /> 5.10.2 Use and Storage of Hazardous Materials Prohibited. LIFETIME TENNIS is
<br /> prohibited from using or storing any Hazardous Materials at the Park or Facilities, unless
<br /> approved by the Director.
<br /> 5.10.3 LIFETIME TENNIS's Responsibility. LIFETIME TENNIS shall be responsible
<br /> for clean up, removal and disposal for any Hazardous Materials release on the Facilities or any
<br /> Hazardous Materials release caused or exacerbated by LIFETIME TENNIS's activities,
<br /> including but not limited to a release of gasoline, petroleum products, diesel fuel or oil from
<br /> vehicles or equipment parked or used in connection with LIFETIME TENNIS's activities.
<br /> LIFETIME TENNIS shall immediately notify the Director and all other applicable regulatory
<br /> agencies of any Hazardous Materials release. LIFETIME TENNIS shall timely comply with all
<br /> requirements of regulatory agencies. If LIFETIME TENNIS does not promptly commence and
<br /> diligently pursue any required investigation, remediation or clean -up activities, CITY, in its
<br /> discretion and in addition to any other rights or remedies that the CITY may have, may perform
<br /> the investigation, remediation or clean -up activities at LIFETIME TENNIS's cost. If the
<br /> Facilities or a portion of it is closed in order to investigate, remediate or clean -up a Hazardous
<br /> Materials release, then the Director may require the cessation of some or all activities at the
<br /> Facilities.
<br /> 5.11 Taxes. LIFETIME TENNIS shall be responsible for any taxes and assessments arising
<br /> out of LIFETIME TENNIS's operations at the Facilities, including, without limitation,
<br /> possessory interest taxes, if any, and personal property taxes.
<br /> 6.0 USE OF FURNISHINGS AND EQUIPMENT. The Furnishings and Equipment
<br /> purchased by LIFETIME TENNIS shall remain the property of LIFETIME TENNIS, but shall
<br /> be available for general, public use throughout the term of the Agreement, including
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