Laserfiche WebLink
<br />be restored to their original condition upon the completion of construction done pursuant to <br />. this Section 4.3.1. City agrees that any right set forth in this Section 4.3.1 shall not be <br />exercised unless a prior written notice of three (3) days is given to Waste Management. <br />However, if such right must be exercised by reason of emergency, City shall use its best <br />efforts to ensure that it will give such notice in writing as is possible under the existing <br />circumstances. City shall exercise its best efforts to avoid unreasonable interference with <br />Waste Management's operations or enjoyment of the Premises, or impairment of the security <br />of any secured creditor in its exercise of rights pursuant to this Section 4.3.1. <br />4.3.2 Other Rights. All oil, gas, geothermal and mineral rights are expressly reserved from this <br />Lease, provided that neither City nor City's agent, assignees, licensees or lessees under any <br />oil, gas, geothermal or mineral lease may enter on the Premises, or otherwise interfere with <br />Waste Management's use, under any asserted right inferred from this provision. <br />4.4 Conformance to Conditions of Conditional Use Permit. Use of the Premises shall be in conformance with <br />Conditional Use Permit CU-96-1 for the Transfer Station and Materials Recovery Center, and any amendments <br />thereto, and any and all detailed plans submitted in compliance with said Permit. <br />5. IMPROVEMENTS <br />5.1 Plans and Specifications. If Waste Management chooses in its sole discretion to improve the Premises <br />Lease, Waste Management shall deliver to City for City's review any construction plans and specifications <br />prepared by an architect or engineer licensed to practice as such in California and all of the following <br />provisions shall apply. <br />5.1.1 Notice of Intent to Construct. Waste Management shall notify City of Waste Management's <br />intention to commence any work of improvement at least five (5) business days before <br />commencement of any such work, or delivery of materials. City shall have the right to post <br />and maintain on the Premises, any notices ofnon-responsibility provided for under applicable <br />law, and subject to the conditions set forth in Section 4.3.1 to inspect the Premises in relation <br />to construction. Waste Management shall keep the Premises safe and shall take all <br />reasonable measures to prevent harm or injury to persons entering on, or near, the <br />construction site. <br />5.1.2 Construction Contract and Personnel. Waste Management's contract with the general <br />contractor shall comply with all laws and regulations relating to construction of improvements <br />upon public property, to the extent such laws and regulations are applicable to improvements <br />constructed pursuant to this Lease. <br />5.1.3 Compliance with Regulations. Waste Management shall procure and deliver within a <br />reasonable time to City, at the City's reasonable request and at Waste Management's sole <br />expense, evidence of compliance with all then applicable codes, ordinances, regulations, and <br />requirements for permits and approvals, including, without limitation, environmental approval, <br />conditional use permit, any required zoning or planning approval of the City of San Leandro, <br />grading permit, building permit, and any other approvals from governmental agencies or <br />622009-1 <br />