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Agmt 2012 S J Amoroso Construction Co Inc
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Agmt 2012 S J Amoroso Construction Co Inc
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2/16/2012 10:14:11 AM
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2/16/2012 10:14:10 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/1/2012
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PERM
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Reso 2012-012
(Approved by)
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\City Clerk\City Council\Resolutions\2012
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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 /> lighting. Licensee shall be responsible for payment of all utilities serving the Premises. Subject <br /> to Paragraph d above, Licensee shall take reasonable steps to ensure that access to the Premises <br /> is limited to Licensee and Licensee's agents, employees, contractors and subcontractors. <br /> h. City shall have the right at all times during the term of this Agreement to <br /> enter upon and to inspect the Premises to ensure compliance with this Agreement. <br /> i. Prior to the expiration of the term of this Agreement (as such may be <br /> extended pursuant to Section 2, at Licensee's sole cost and expense, Licensee shall remove all <br /> vehicles, equipment, materials and personal property from the Premises and shall restore the <br /> Premises to its condition existing as of the Effective Date, reasonable wear and tear excepted <br /> ( "Original Condition "). If Licensee fails to comply with the foregoing, City shall have the <br /> right to remove all vehicles, equipment, materials and personal property from the Premises and <br /> to restore the Premises to Original Condition, and Licensee shall be obligated to pay City for all <br /> costs incurred by City in connection with such removal and restoration within five (5) business <br /> days following receipt of City's invoice therefor. <br />
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