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8H Consent 2012 0117
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8H Consent 2012 0117
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Last modified
1/20/2012 5:53:13 PM
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1/10/2012 4:47:57 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
1/17/2012
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_CC Agenda 2012 0117 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0117
Reso 2012-005
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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area. A separate agreement will be entered into between City and District that <br />sets forth the terms regarding the use and maintenance of the Property. <br />5. INDEMNIFICATION. <br />To the fullest extent allowed by law, District shall defend, save, and hold City and <br />its elected and appointed officers, officials, employees, agents and <br />representatives (all of the foregoing, collectively the "Indemnitees ") harmless <br />from any and all claims or causes of action for death or injury to persons, or <br />damage to property resulting from the negligent or inadequate supervision of its <br />contractors in the development of the Property. <br />6. RESOLUTION OF DISPUTES. <br />Any dispute arising out of the use of the Property shall be resolved by the City <br />Manager and Superintendent of the District: In the event these two parties are <br />unsuccessful in resolving any dispute, the Parties agree to submit the dispute to <br />mediation. <br />7. NO WARRANTY OF. SUITABILITY <br />It is the District's election to undertake the Work. City makes no representations <br />or warranties regarding the suitability, condition or fitness of the Property for the <br />use. <br />8. TERMINATION. <br />Either Party may terminate this agreement, with or without cause, with sixty (60) <br />calendar days written notice to the other Party. <br />9. NO INTEREST IN PROPERTY. <br />Nothing herein shall be deemed to'create a lease or easement to any property, <br />or to grant any interest in the Property other than a non- exclusive real property <br />license to enter upon and use the Property, revocable as set forth herein. <br />10. ENVIRONMENTAL DISCLOSURE AND INDEMNITY. <br />Prior to the commencement of any Work, the City shall notify the District in <br />writing regarding the presence of any Hazardous Materials (as defined in Exhibit <br />C) or underground utilities located at the properties depicted on Exhibits A and B. <br />If, during construction, pre - existing hazardous substances are encountered by <br />the District's contractor, all work shall cease in that area and the District shall <br />promptly notify the City. Thereafter, the parties shall attempt to resolve how to <br />remove or abate the condition in accordance with applicable law. If no agreement <br />can be reached regarding the method of abatement or how that work shall be <br />3 <br />
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