Agmt 2007 Barbara M Brooks - Laserfiche WebLink

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further described in the approved Conditions of Approval (Attachment A) which include, but by no means are limited to: landscaping requirements, signage and lighting requirements, and maintenance requirements. 2. Occupancy Approval a. Occupancy of the Site by a party other than the Participant shall be subject to the Agency's review and approval prior to actual occupancy of the premises in accordance with the provisions of the Conditions of Approval and OPA The Agency shall promptly review all applications for occupancy approval and shall not unreasonably withhold approval of such applications, provided they are in accordance with the provisions of this Agreement and the Redevelopment Plan. b. The Agency may terminate occupancy or occupancies upon its determination of material non-compliance with any provisions of this Agreement or the Redevelopment Plan. Continued occupancy following expiration or termination of occupancy approval shall be a vio~tion of this Agreement and the Redevelopment Plan. c. The Participant agrees to insert in each lease, sublease, rental agreement, lease renewal or other agreement providing for occupancy or use of the Site a termination clause providing for termination of occupancy upon determination of material noncompliance with any provisions of this Agreement or the Redevelopment Plan. O. Improvements Improvements upon the Site or acquired adjacent property(ies) shall be pursuant to plans and specifications approved by the City and the Agency, which approval shall not be unreasonably withheld or delayed, provided the Participant's plans and specifications are in order and comply with all applicable codes and regulations. E. Environmental Remediation 1. Remediation. The Participant shall not hold the Agency or the City responsible for the cost of any soil, groundwater or other environmental remediation for any contamination existing or occurring on the Property or any portion thereof, except as the same may be the result of the sole negligence of the Agency or the City, and the Participant shall be solely responsible for all actions and costs associated with any soil, groundwater or other environmental remediation required for the Property or any portion thereof. Upon receipt of any notices regarding the presence, release or discharge, or of Hazardous Materials in, on or under the Property, the Participant (as long as the Participant owns the Property or portion thereof in question) or the then current owner or possessor of the Property or portion thereof, as applicable, shall, and hereby agrees to, timely initiate and diligently pursue and complete all appropriate response, remediation and removal actions for the release or discharge of Hazardous Materials within such deadlines as specified by applicable laws, regulations or environmental remediation action plan prepared by the City Environmental Services Manager. 2. Indemnification. The Participant hereby agrees to unconditionally indemnify, reimburse, defend, protect and hold harmless the Agency and the City and their elective and appointive boards, commissions, officers, agents, attorneys, consultants and employees from and against any and all claims, demands, suits and actions at law or in equity, and losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief (whether or not based on 6