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8D Consent Calendar 2018 0917
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8D Consent Calendar 2018 0917
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
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9/17/2018
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<br />34 <br />This Master License creates no right in Licensee to receive any relocation assistance or <br />payment for any reason under the California Relocation Assistance Law (Cal. Gov. Code <br />§§ 7260 et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act <br />(42 U.S.C. §§ 4601 et seq.), or similar Law upon any termination of occupancy except as <br />provided in Article 15 (Eminent Domain). To the extent that any relocation law may apply, <br />Licensee waives, releases, and relinquishes forever any and all Claims that it may have against <br />the City for any compensation from the City except as specifically provided in this Master License <br />upon termination of its occupancy of all or any part of the License Area. <br />20.4 Non-Liability of City Officials, Employees, and Agents. <br />No elective or appointive board, commission, member, officer, employee, or other Agent <br />of the City will be personally liable to Licensee, its successors, or its assigns, in the event of any <br />default or breach by the City or for any amount which may become due to Licensee, its <br />successors, or its assigns, or for any obligation of the City under this Master License. <br />20.5 Scope of Waivers. <br />Licensee acknowledges the City’s rights under this Article and waives any Claims arising <br />from the exercise of the City’s rights. In connection with the preceding sentence and the releases <br />and waivers contained in this Master License, including Section 10.3 (No Right to Repair City <br />Property), Section 14.2 (No Statutory Rights for Damaged City Pole), Subsection 15.1.3 (No <br />Statutory Right to Terminate), Section 19.4 (Waiver of Subrogation), Section 20.1 (General <br />Limitation on City’s Liability), Section 20.2 (Consequential Damages), Section 20.3 (No <br />Relocation Assistance), Section 21.3 (No Liability for Emergency Access), Section 24.1 <br />(Application of Security Deposit), and any other waiver by Licensee under this Master License. <br />Licensee acknowledges that it is familiar with section 1542 of the California Civil Code, which <br />reads: <br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE <br />CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER <br />FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY <br />HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER <br />SETTLEMENT WITH THE DEBTOR. <br />Licensee realizes and acknowledges that the waivers and releases contained in this <br />Master License include all known and unknown, disclosed and undisclosed, and anticipated and <br />unanticipated Claims. Licensee affirms that it has agreed to enter into this Master License in light <br />of this realization and, being fully aware of this situation, it nevertheless intends to waive the <br />benefit of Civil Code section 1542 and any similar Law. The releases and waivers contained in <br />this Master License will survive its expiration or earlier termination. <br /> <br />21 CITY ACCESS TO LICENSE AREA <br />21.1 City’s Right of Access. <br />Except as specifically provided otherwise, the City and its designated Agents have the <br />right of access to any part of the License Area at any time without notice for any purpose. The <br />City will, however, make good faith efforts to provide notice to Licensee according to Section 9.2 <br />(Notice to Licensee). <br />21.2 Emergency Access. <br />If safe and practicable, the City will notify Licensee of any emergency that requires the <br />City to remove and replace a City Pole and allow Licensee to remove its Equipment before the <br />City removes or replaces a City Pole in an emergency situation or other exigent circumstances. <br />But if in the City’s sole judgment it is not safe or practicable to wait for Licensee to perform the
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