|
at any time now or hereafter deemed by any federal, state or local governmental
<br /> authority to pose a present or potential hazard to public health, welfare or the
<br /> environment. Hazardous Material includes, without limitation, the following: any
<br /> material or substance defined as a "hazardous substance, pollutant or
<br /> contaminant" pursuant to the Comprehensive Environmental Response,
<br /> Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601
<br /> et sea., or pursuant to Section 25316 of the California Health & Safety Code or
<br /> any other federal, state, or local Law; a "hazardous waste" listed pursuant to
<br /> Section 25140 of the California Health & Safety Code; any asbestos and
<br /> asbestos containing materials whether or not such materials are part of the
<br /> Winslow Lot or are naturally occurring substances in the Winslow Lot; and any
<br /> petroleum, including, without limitation, crude oil or any fraction thereof, natural
<br /> gas or natural gas liquids, provided, the foregoing shall not prohibit LICENSEE
<br /> from traversing to, from and across the Winslow Lot in standard motor vehicles,
<br /> trucks or construction vehicles or from conducting the Activities on or about the
<br /> Winslow Lot in accordance with all Laws. The term "release" or "threatened
<br /> release" when used with respect to Hazardous Material shall include any actual
<br /> or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging,
<br /> injecting, escaping, leaching, dumping, or disposing in, on, under or about the
<br /> Winslow Lot.
<br /> C. Nuisances. LICENSEE shall not conduct any activities in, on, under or
<br /> about the Winslow Lot that constitute waste or nuisance (including, without
<br /> limitation, emission of objectionable odors, noises or lights) to CITY, to the
<br /> owners or occupants of neighboring property, or to the public, or that constitute
<br /> waste or nuisance per se. The Activities authorized under this Agreement shall
<br /> not constitute waste or nuisance per se.
<br /> D. Pondinq: Water Courses. LICENSEE shall not cause any ponding on the
<br /> Winslow Lot or any flooding on adjacent lands. LICENSEE shall not engage in
<br /> any activity that causes any change, disturbance, fill, alteration or impairment to
<br /> the bed, bank, or channel of any natural water course, wetland, or other body of
<br /> water on, in, under or about the Winslow Lot, nor shall LICENSEE engage in any
<br /> activity that could pollute or degrade any surface or subsurface waters or result in
<br /> the diminution or drainage of such waters.
<br /> 4. Term of License. The privilege conferred to LICENSEE pursuant to this Agreement
<br /> shall be for a term (the "Initial Term"), commencing on the Commencement Date and expiring
<br /> on May 31, 2016 ("Expiration Date"), provided, however, that upon the written request of
<br /> LICENSEE, the term may be extended by the City Manager of CITY, in his or her sole and
<br /> absolute discretion, for up to six (6) months (the "Extended Term"). Notwithstanding the
<br /> foregoing, Developer understands that CITY intends to engage in negotiations with a third party
<br /> for the disposition and development of the Winslow Lot. Therefore during the Initial Term, CITY
<br /> may, at its sole option and upon sixty (60) days' written notice to LICENSEE, freely revoke and
<br /> terminate this License at any time without cause or liability; provided, however, that such
<br /> revocation and termination shall only be as a result of either (a) close of escrow for disposition
<br /> of the Winslow Lot to a third party, or (b) a determination reasonably made by City Manager that
<br /> possession of the Winslow Lot is needed in support of such disposition and development. In
<br /> addition, during any Extended Term, CITY may, at any time without cause of liability, and in the
<br /> ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA
<br /> REV:OS-18-15 VR
<br /> Page 4
<br /> 82483.00019\9644366.16
<br />
|