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8N Consent 2012 0521
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8N Consent 2012 0521
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Last modified
5/30/2012 11:48:30 AM
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5/15/2012 3:33:08 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/21/2012
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_CC Agenda 2012 0521 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0521
Reso 2012-049
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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provide its consent), nor enter into any settlement agreement, consent decree, or other <br />compromise with respect to any Hazardous Materials Claim. <br />(e) If the presence of any Hazardous Material on the Premises results in any <br />contamination of the Premises in violation of Hazardous Materials Laws, except to the extent <br />such contamination is caused by the City, the Lessee shall promptly take all actions at its sole <br />expense as are necessary to remediate the Premises as required by law; provided that the Lessee <br />first obtains the City's approval of such actions, which approval may be withheld in the City's <br />reasonable discretion. All costs and expenses of any Remedial Work shall be paid by the Lessee, <br />it being understood that the City shall incur no cost, expense or liability in connection with any <br />Remedial Work. The City shall have the right, but not the obligation, to join and participate in, <br />as a party if it so elects at the City's cost, any legal proceedings or actions initiated in connection <br />with any Hazardous Material Claims. <br />16. RIGHT TO ENTER UPON PREMISES The City, by and through its proper <br />officers, employees, and agents reserves and shall always have the right to enter upon the <br />Premises for the purpose of viewing and ascertaining the condition of same and the operation <br />and maintenance thereof. <br />17. CITY'S RIGHT TO PERFORM LESSEE OBLIGATIONS If following notice <br />and the expiration of any applicable cure period as set forth in this Agreement, the Lessee fails to <br />perform its obligations to maintain the Premises in accordance with the standards set forth in this <br />Agreement, the City shall have the right, but not the obligation, to perform such work upon <br />delivery of written notice to the Lessee, and the Lessee shall reimburse the City for all <br />expenditures the City incurs in connection with such work. The City's election to undertake <br />such obligation shall not operate as a waiver of any other right or remedy the City may have <br />pursuant to this Agreement. Notwithstanding any contrary provision herein, the City shall not be <br />obligated to make any repairs, alterations, additions, improvements or betterments to the <br />Premises during the term of this Agreement nor shall the City be obligated to maintain or operate <br />the Premises. <br />18. NOTICE Until further notice in writing, any demand or notice which either <br />Party shall be required or may desire to make upon or give to the other, shall be in writing. Such <br />demand or notice shall be delivered personally or sent by registered or certified mail, addressed <br />to the respective Parties as follows: <br />City: Tara Peterson <br />City of San Leandro <br />835 East 14 Street <br />San Leandro, CA 94577 <br />Lessee: Family Services Counseling and Community Resource Center <br />2208 San Leandro Boulevard <br />San Leandro, CA 94577 <br />19. TERMINATION In the event the Lessee shall fail to fulfill the conditions and <br />covenants contained in this Agreement, including the requirement that the Lessee by a nonprofit <br />
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