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Agmt 2007 Barbara M Brooks
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Agmt 2007 Barbara M Brooks
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Last modified
5/10/2007 10:09:36 AM
Creation date
5/10/2007 10:06:22 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/7/2007
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PERM
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RDA Reso 2007-005
(Approved by)
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\City Clerk\City Council\Resolutions\2007
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<br />further described in the approved Conditions of Approval (Attachment A) which include, <br />but by no means are limited to: landscaping requirements, signage and lighting <br />requirements, and maintenance requirements. <br /> <br />2. Occupancy Approval <br /> <br />a. Occupancy of the Site by a party other than the Participant shall be <br />subject to the Agency's review and approval prior to actual occupancy of the <br />premises in accordance with the provisions of the Conditions of Approval and <br />OPA The Agency shall promptly review all applications for occupancy approval <br />and shall not unreasonably withhold approval of such applications, provided they <br />are in accordance with the provisions of this Agreement and the Redevelopment <br />Plan. <br /> <br />b. The Agency may terminate occupancy or occupancies upon its <br />determination of material non-compliance with any provisions of this Agreement <br />or the Redevelopment Plan. Continued occupancy following expiration or <br />termination of occupancy approval shall be a vio~tion of this Agreement and the <br />Redevelopment Plan. <br /> <br />c. The Participant agrees to insert in each lease, sublease, rental <br />agreement, lease renewal or other agreement providing for occupancy or use of <br />the Site a termination clause providing for termination of occupancy upon <br />determination of material noncompliance with any provisions of this Agreement <br />or the Redevelopment Plan. <br /> <br />O. Improvements <br /> <br />Improvements upon the Site or acquired adjacent property(ies) shall be pursuant to plans <br />and specifications approved by the City and the Agency, which approval shall not be <br />unreasonably withheld or delayed, provided the Participant's plans and specifications are in order <br />and comply with all applicable codes and regulations. <br /> <br />E. Environmental Remediation <br /> <br />1. Remediation. The Participant shall not hold the Agency or the City responsible <br />for the cost of any soil, groundwater or other environmental remediation for any contamination <br />existing or occurring on the Property or any portion thereof, except as the same may be the result <br />of the sole negligence of the Agency or the City, and the Participant shall be solely responsible <br />for all actions and costs associated with any soil, groundwater or other environmental remediation <br />required for the Property or any portion thereof. Upon receipt of any notices regarding the <br />presence, release or discharge, or of Hazardous Materials in, on or under the Property, the <br />Participant (as long as the Participant owns the Property or portion thereof in question) or the <br />then current owner or possessor of the Property or portion thereof, as applicable, shall, and <br />hereby agrees to, timely initiate and diligently pursue and complete all appropriate response, <br />remediation and removal actions for the release or discharge of Hazardous Materials within such <br />deadlines as specified by applicable laws, regulations or environmental remediation action plan <br />prepared by the City Environmental Services Manager. <br /> <br />2. Indemnification. The Participant hereby agrees to unconditionally indemnify, <br />reimburse, defend, protect and hold harmless the Agency and the City and their elective and <br />appointive boards, commissions, officers, agents, attorneys, consultants and employees from and <br />against any and all claims, demands, suits and actions at law or in equity, and losses, liabilities, <br />expenses, penalties, fines, orders, judgments, injunctive or other relief (whether or not based on <br /> <br />6 <br />
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