Common use of Leased Area Clause in Contracts

Leased Area. Except as otherwise provided in this Agreement, the Lessee, at its sole cost and expense, shall maintain the Premises and the Premises’ improvements, in a condition acceptable to District in good condition and repair as may be worn by normal wear, tear and use, and District shall not have any responsibility therefore. For required maintenance and repairs conducted by District, Lessee shall reimburse the Harbor District for the labor, equipment, administration and materials expended to perform such work. Lessee shall keep the Premises clean and sanitary at all times. Lessee shall regularly inspect the Premises as necessary to protect the public from safety hazards, including “trip and fall” or slippery obstacles or conditions, faulty electrical wiring or connections (including unlawful use of extension cords, bare or broken and exposed wires, etc.) and the like. No offensive materials, debris, or refuse matter nor any substance constituting any unnecessary, unreasonable or unlawful fire hazard or material detrimental to the public health shall be permitted on or within the Premises or the Public Area as identified in “Exhibit A”. The Lessee shall remove graffiti from the Premises within twenty four (24) hours of discovery by Lessee or District, at Lessee’s sole expense. Lessee shall contract directly with the local utilities to provide metered electrical services to the Premises. Lessee shall be responsible for electrical conduits, conductors, grounding equipment, gas lines and all other associated devices downstream of the electric or gas meter serving the Premises. Lessee shall be responsible for all mechanical equipment, as well as ancillary connections to the equipment, including, but not limited to, electrical, gas, water, waste water, other utility service, vents, drains, supporting structures and aesthetic architectural structures. Lessee shall be responsible for all sewer plumbing upstream of the final connection to Harbor District lateral forced main sewer pipe near the Premises. Lessee is responsible for any required grease traps that are installed and which shall be maintained by the Lessee. Any through pier drains shall be in compliance with Federal, State and local regulations with regards to discharge into the ocean. Through pier drains shall always meet or exceed the standard of the District, as may be amended from time to time, including but not limited to for clearances, attachments, materials, connections and lengths. Lessee shall initiate repairs to all structures caused by utility malfunction for which Lessee is responsible within twenty four (24) hours of initial discovery and pursue the repairs diligently until completion, subject to the approval of the District. Lessee shall provide a dumpster or containers, of adequate size, to accommodate Lessee’s solid waste generation. Dumpster shall be located near or within the Premises at a location designated at the sole and absolute direction of the District. Lessee shall provide and arrange for all garbage and/or refuse to be collected on a regular basis. Lessee shall not use District trash containers without prior written approval of the Harbor Manager. Lessee shall place no trash containers outside the Premises without prior written approval of the Harbor Manager. In the event that electric, gas, water, waste water, other utility service, vents, drains, supporting structures, aesthetic architectural structures, sewer plumbing upstream, and/or removal of solid waste generation must be shared within the Premises, Lessee agrees to pay utilities on an allocation basis. The allocation basis shall be determined by the Harbor Manager and is subject to change at the Harbor Manager’s sole discretion.

Leased Area. Except as otherwise provided in this Agreement, the Lessee, at its sole cost and expense, shall maintain the Premises and the Premises’ improvements, in a condition acceptable to District in good condition and repair as may be worn by normal wear, tear and use, and District shall not have any responsibility therefore. For required maintenance and repairs conducted by District, Lessee ▇▇▇▇▇▇ shall reimburse the Harbor District for the labor, equipment, administration and materials expended to perform such work. Lessee shall keep the Premises clean and sanitary at all times. Lessee shall regularly inspect the Premises as necessary to protect the public from safety hazards, including “trip and fall” or slippery obstacles or conditions, faulty electrical wiring or connections (including unlawful use of extension cords, bare or broken and exposed wires, etc.) and the like. Lessee shall keep the area up to ten (10’) feet outside of the Premises’ perimeter clean of rubbish and litter. No offensive materials, debris, bait, inventory, engines of any kind, support equipment or refuse matter nor any substance constituting any unnecessary, unreasonable or unlawful fire hazard or material detrimental to the public health shall be permitted on or within ten (10) feet of the Premises or the Public Area as identified in “Exhibit A”Premises. The Lessee shall remove graffiti from the Premises within twenty four (24) hours of discovery by Lessee or District, at Lessee▇▇▇▇▇▇’s sole expense. Lessee shall contract directly with the local utilities to provide metered electrical services to the Premises. Lessee shall be responsible for electrical conduits, conductors, grounding equipment, gas lines and all other associated devices downstream of the electric or gas meter serving the Premises. Lessee shall be responsible for all mechanical equipment, as well as ancillary connections to the equipment, including, but not limited to, electrical, gas, water, waste water, other utility service, vents, drains, supporting structures and aesthetic architectural structures. Lessee shall be responsible for all sewer plumbing upstream of the final connection to Harbor District lateral forced main sewer pipe near the Premises. Lessee is responsible for any required grease traps that are installed and which shall be maintained by the Lessee. Any through pier drains shall be in compliance with Federal, State and local regulations with regards to discharge into the ocean. Through pier drains shall always meet or exceed the standard of the District, as may be amended from time to time, including but not limited to for clearances, attachments, materials, connections and lengths. Lessee understands that the lease site does not include potable water. Lessee shall be responsible for the cost and permitting of any future improvements necessary to add a potable water source along with the associated water usage costs. Lessee shall initiate repairs to all structures caused by utility malfunction for which Lessee is responsible within twenty four (24) hours of initial discovery and pursue the repairs diligently until completion, subject to the approval of the District. Lessee shall provide a dumpster or containers, of adequate size, to accommodate Lessee’s solid waste generation. Dumpster shall be located near or within the Premises at a location designated at the sole and absolute direction of the District. Lessee shall provide and arrange for all garbage and/or refuse to be collected on a regular basisdaily and transported off ▇▇▇▇▇ Pier. Lessee shall not use District trash containers without prior written approval of the Harbor Manager. Lessee shall place no trash containers outside the Premises without prior written approval of the Harbor Manager. In Lessee must communicate to its vendors, invitees and customers that vehicle access to the event Pier is prohibited. Lessee understands and agrees that electricits vehicles and those of its agents, gas, water, waste water, other utility service, vents, drains, supporting structures, aesthetic architectural structures, sewer plumbing upstream, and/or removal of solid waste generation must be shared within the Premises, Lessee agrees to pay utilities on an allocation basis. The allocation basis shall be determined by the Harbor Manager employees and is customers are subject to change at the Harbor Manager’s sole discretionsame laws and ordinances as other public vehicles and are subject to citation for any and all violations.