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8I Consent 2012 0206
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8I Consent 2012 0206
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Last modified
2/16/2012 10:21:27 AM
Creation date
1/31/2012 5:12:31 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/6/2012
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PERM
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_CC Agenda 2012 0206 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0206
Reso 2012-012
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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termination of this Agreement in accordance with Section 3 or in connection with any order that <br />this Agreement be terminated or that the Property be returned to the Agency or any successor to <br />the Agency pursuant to any provision of AB x1 26 (codified as California Health and Safety <br />Code Section 34161 et seq.) or any similar law, and Licensee hereby knowingly waives and <br />releases City and Agency from any and all such claims for compensation, damages or benefits. <br />In connection with any termination of this Agreement, Licensee hereby knowingly waives any <br />and all benefits, monetary or otherwise, under the California Relocation Assistance Law <br />(Government Code Section 7260 et seq.) and the Federal Uniform Relocation Assistance and <br />Real Property Acquisition Policies Act of 1970 (Title 42, U.S. Code Section 4601 et seq.), the <br />regulations adopted in connection with the foregoing, and applicable local rules and regulations <br />relating to residential and commercial relocation (all of the foregoing, collectively, "Relocation <br />Laws "), as such may be amended. Licensee further acknowledges and agrees that it has <br />carefully read the contents of the waiver and release set forth in this Section and that, in <br />executing this Agreement, it does so with full knowledge of any right which it may have, that it <br />has received independent legal advice from its attorneys, or in the alternative, knowingly has <br />determined not to seek legal advice with respect to the matter set forth herein. Licensee hereby <br />voluntarily and knowingly waives, releases and discharges forever City and Agency from any <br />and all claims for any such compensation, damages or benefits. The provisions of this Section <br />3_1 shall survive the expiration or earlier termination of this Agreement. <br />4. Conditions of Use Licensee's right to enter upon and use the Premises is limited to the <br />Permitted Activity (defined in Section 1 above) subject to compliance with all conditions set <br />forth in this Section ( "Conditions of Use "). Without limiting the foregoing, Licensee agrees to <br />comply with all of the following specific requirements: <br />a. Licensee shall be liable for any damage to the Property or the <br />Improvements or any part thereof, or any other property of the City or City right of way (all of <br />the foregoing, collectively, "City Property ") that occurs as a result of this License and the use of <br />the Premises, unless caused by the gross negligence or willful misconduct of the City or its <br />employees, agents or contractors. Any damage to the Premises or City Property shall be <br />immediately repaired to the satisfaction of City at Licensee's sole cost and expense. <br />b. Licensee shall not encroach on the public right of way adjacent to the <br />Property. <br />C. Licensee shall comply with all Conditions of Use and with all state, <br />federal and local laws, regulations, rules and orders, applicable to this License, the Premises or <br />the Permitted Activity, including without limitation all Environmental Laws (defined in Exhibit <br />A attached hereto and incorporated herein by reference. Licensee shall not cause or permit any <br />Hazardous Material (defined in Exhibit A ) to be generated, brought onto, used, stored, or <br />disposed of in or about the Premises. Notwithstanding the foregoing, Licensee shall be permitted <br />to store flammable materials and chemicals of such type and in such amount required for <br />Licensee's activities related to the WPCP Project, and only in compliance with all applicable <br />local, state and federal laws, ordinances, rules, and regulations, including without limitation <br />Environmental Laws. Under no circumstances shall Licensee be permitted to store explosive <br />chemicals or materials on the Premises. <br />1732830.3 3 <br />
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