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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
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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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_CC Agenda 2012 0206 CS+RG
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\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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(i) Notice of Release or Investigation If during the term of this <br />Agreement, Licensee becomes aware of (a) any actual or threatened release of any Hazardous <br />Material on, under, or about the Premises, or (b) any inquiry, investigation, proceeding, or claim <br />by any government agency or other person regarding the presence of Hazardous Material on, <br />under, or about the Premises, Licensee shall give City written notice of the release or <br />investigation within three (3) days after learning of it and shall simultaneously furnish to City <br />copies of any claims, notices of violation, reports, or other writings received by Licensee that <br />concern the release or investigation. <br />(ii) Remediation Obligations If the presence of any Hazardous <br />Material brought onto the Premises by Licensee or Licensee's agents, employees, invitees, <br />customers, consultants, contractors or subcontractors results in contamination of the Premises, <br />Licensee shall promptly take all necessary actions to remove or remediate such Hazardous <br />Materials, whether or not they are present at concentrations exceeding state or federal maximum <br />concentration or action levels, or any governmental agency has issued a cleanup order, at <br />Licensee's sole expense, to return the Premises to the condition that existed before the <br />introduction of such Hazardous Material. Licensee shall first obtain City's approval of the <br />proposed removal or remedial action. <br />d. Licensee shall not impair or interfere with City's ability to access the <br />Property. Without limiting the generality of the foregoing, City shall be permitted to enter onto <br />the Property to conduct sampling and surveying activities for the Eden Road Project. City agrees <br />that it will provide 72 hours' notice prior to undertaking such activities and will not unreasonably <br />interfere with Licensee's use of the Premises for Permitted Activity. <br />e. Licensee expressly acknowledges and agrees that City shall have no <br />obligation to provide security services or fencing, and Licensee's use of the Premises is at <br />Licensee's own risk. The installation and maintenance of any fencing Licensee elects to install <br />and the provision of any security services that Licensee elects to engage at or for the Premises <br />shall be at Licensee's sole expense without reimbursement. <br />f. Licensee expressly acknowledges and agrees that City has no obligation to <br />maintain or repair the Property or the Improvements, and Licensee accepts use of the Property <br />and the Improvements in their AS -IS condition. Without limiting the generality of the foregoing, <br />Licensee expressly acknowledges that: (i) the Premises are not served with utilities, including <br />without limitation electrical service, sewer or water services, or trash collection, (ii) City has no <br />obligation to provide any such utilities or services, or any other such services, and (iii) if <br />Licensee arranges for any such utilities or services to be provided to the Premises, all such <br />arrangements and services shall be at Licensee's sole expense without reimbursement. <br />g. Licensee shall, at Licensee's sole cost and expense, maintain the Property <br />and the Improvements in their condition existing as of the Effective Date, reasonable wear and <br />tear excepted, and shall keep the Premises in condition free of debris, litter and graffiti. Without <br />limiting the generality of the foregoing, Licensee shall be responsible for maintaining <br />landscaping on the Property and for undertaking at Licensee's sole expense, any necessary repair <br />or resurfacing of paved surfaces on the Property and any repair or maintenance of fencing and <br />1732830.3 <br />
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