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4.9. Licensee shall be solely responsible for obtaining all utility service and for the payment of all utility charges, including but not limited to water and power, supplied to the Property that is necessary for the purpose of carrying out the Project. 4.10. City's Downtown Clean Team shall provide all janitorial services to the Properly, subject to inclusion in the yearly Downtown BID Clean and Safe budget, and approval by the City Council, which is not guaranteed by reference in this Agreement. If Downtown Clean Tmn cannot provide janitorial services to the Property for any reason, Licensee shall at its own cost and expense provide all janitorial services to the Property. Licensee shall during the term of this Agreement at Licensee's cost and expense keep the Property, and every part thereof, in good order, condition and repair. 4.11. Licensee hereby acknowledges the title of City in and to the Property, including the real property fixtures and improvements existing or erected thereon, and Licensee hereby covenants and promises never to assail, contest or resist City's title to the Property. 4.12. City's Downtown Safe Team shall monitor the Property as part of general Downtownpairoi, subject to inclusion in the yearlyDowntown BID Clean and Safe budget, and approval by the City Council, which is not guaranteed by reference in this Agreement. Licensee acknowledges that City makes no representation or warranty, express or implied, regarding the security of the Property or the need for or propriety of any security measures at the Property; and Licensee further acknowledges that City shall have no obligation whatsoever to provide guard service or any other security measures. Licensee expressly assumes all responsibility for the protection and security of the Property, Licensee, Licensee's designees and property within the Skate Park from any and all acts of any third party. 4.13. As a condition precedent to the effectiveness of this Agreement, Licensee agrees to comply with the provisions of ,Education Code § 10911.5, Penal Code § 1105.3 and Public Resources Code § 5164 with respect to the fingerprinting of participants, volunteers, staff, and other invitees of Licensee. 4.14. City or its authorized representatives shall have the right at all reasonable times to enter upon the Property and inspect the general condition of the Property to determine if Licensee is complying with the terms, conditions, requirements and provisions of this Agreement, City shall at all times retain the right to raise issues or concerns with Licensee regarding the fitness of the Property for the intended use, order the Licensee to cease use of this Property, in the City's sole discretion, until Licensee has sufficiently addressed the issues or concerns to the City's satisfaction, or to take such other actions as deemed reasonably necessary to ensure the safety of any persons entering the Property. 5. Legal Relations and Responsibilities. City and Licensee understand and agree that the only relationship between them created by this Agreement is that ofLicensor and Licensee, and that this Agreement does not create, and shall not be construed to create, any agency, partnership, joint venture, landlord -tenant or other relationship between City and Licensee,