Reso 1997-146 to 150 - Laserfiche WebLink

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20.6 Zoning: Licenses and Easements. Lessor hereby represents and warrants that (i) the use of the Leased Premises as a golf course and related activities, including the sale of food and alcoholic beverages, complies with the designated zoning of the Leased Premises; (ii) Lessor has obtained all licenses, permits, easements and rights - of -way, including proof of dedication, required from all governmental authorities having jurisdiction over the Leased Premises or from private parties for the intended use and operation of the Leased Premises as a golf course and related activities and to assure vehicular and pedestrian ingress to and egress from the Leased Premises at all access points to be used; and (iii) Lessor has obtained adequate easements benefitting the Leased Premises to accommodate water run-off and drainage from the Leased Premises, including without limitation easements for the use of water lines, pipes, ditches, drainage channels or other drainage facilities which are located outside of the Leased Premises and are connected to any storm drain or other water run-off facility located within the Leased Premises. 20.7 No Third Partv Rights. Lessor hereby represents and warrants that no third party has any right or interest in the Leased Premises that would interfere with Lessee's use and operation of the Leased Premises. Lessor has obtained all necessary approvals from non -governmental third parties in order to enter into this Lease. 20.8 No Hazardous Materials. Except to the extent that the Leased Premises is a closed landfill, Lessor hereby represents and warrants that there has been no production, generation, treatment, collection, disposal, discharge or storage on the Leased Premises or in any groundwater or aquifer below the surface of the Leased Premises by Lessor, or to Lessor's best knowledge by any prior owner or occupant of the Leased Premises or any other person, of any hazardous or toxic substance, material or waste in violation of any applicable federal, state or local environmental laws, ordinances, restrictions, licenses or regulations, including, but not limited to, the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), Resource Conservation and Recovery Act (42 U.S.C. §6901 ems.), Safe Drinking Water Act (42 U.S.C. §3000(f) et seq.), Toxic Substances Control Act (15 U.S.C. §2601 et seq.), Clean Air Act (42 U.S.C. §7401 et seq.), Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §9601 ems.), and other similar statutes of the State of California or the County of Alameda. Lessor has not received any notices from any governmental agency or other third party regarding the existence of any hazardous or toxic substance, material, or waste on the Leased Premises or in the improvements thereon or requiring the removal, clean-up, or remediation of any environmental condition relating to the Leased Premises. Lessor represents and warrants that the Leased Premises is not subject to any enforcement action by any governmental agency regarding the environmental condition of the LEASE AGREEMENT BETWEEN CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 26 11/13/97 FINAL, J:\WPD\CSL\136\01\AGREE\GOLFCOUR\AGREE\LEASE.CLN