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Premises, as necessary, to install temporary fencing, as approved by the City, which can be <br />easily removed by Licensee when the Plaza is reserved for other events. <br />(b) All equipment and furnishings and the cost of their installation shall be provided <br />at the sole expense of the Licensee. All such equipment used within the Licensed Premises, shall <br />be deemed to be Licensee's personal property, and shall be removed immediately by Licensee <br />every day when the business is not open to the public and at the termination or expiration of this <br />License Agreement. <br />(c) Licensee shall not modify the Licensed Premises in any manner. <br />(d) At the termination or expiration of this Agreement, concurrent with removal of <br />Licensee's fixtures and equipment, Licensee, at its own expense, shall return the Licensed <br />Premises to its original condition to the satisfaction of the Executive Director of the Parks, <br />Recreation & Community Services Agency (or designee). <br />5. UTILITIES <br />The Licensee shall pay all charges for fuel, gas, water, electricity, telephone services, and <br />any other utilities necessary to carry on the operations of Licensee. Licensee may apply to the <br />City's Building and Safety Division for a permit to run electricity to the outdoor dining area. <br />Such permit would be for a lighting plan, which abides by the requirements in the City's Outdoor <br />Dining Standards and Procedures and pertinent City codes. <br />6. FOOD AND BEVERAGES <br />(a) All food and beverages for consumption on Licensed Premises sold or kept for <br />sale by Licensee shall conform to federal, state, county and municipal food laws, ordinances and <br />regulations in all respects. <br />(b) No adulterated, misbranded, or impure food or beverage shall be sold or kept for <br />sale by Licensee, and all food or beverage shall be stored and handled with due regard for <br />sanitation. Licensee shall not sell, give away, or serve any food or beverage in the outdoor <br />dining area in any container made from styrofoam or any other material which, in the sole <br />opinion of the City, will cause undue litter on or around the Licensed Premises. The sale of <br />alcoholic beverages is allowed if in compliance with all applicable federal, state and City <br />statutes, regulations, rules and ordinances. <br />7. MAINTENANCE AND MAINTENANCE DEPOSIT <br />(a) Licensee shall maintain the Licensed Premises in a neat, clean, sanitary and safe <br />condition, to the satisfaction of the City, at the sole cost and expense of the Licensee. At its sole <br />cost, Licensee shall, at the expiration or earlier termination of this Agreement, restore the <br />Licensed Premises to their original condition in which they existed immediately prior to the <br />Agreement, leave the Licensed Premises in a neat and clean condition to the sole satisfaction of <br />City, free of trash and debris, and remove all property and materials of Licensee. <br />Page 3 of 11 <br />#19793v4 <br />