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create (a) a duty on City's part to inspect, test, investigate, monitor or otherwise observe the construction of the New
<br />Project and the activities of District with respect to Hazardous Materials, including District's operation, use and any
<br />remediation related thereto, or (b) liability on the part of City for District's use, storage, disposal or remediation or
<br />Hazardous Materials, it being understood that District shall be solely responsible for all liability in connection
<br />therewith. No consent requested of, and given by, City Manager or his/her designee pursuant to this Section shall be
<br />deemed to make City a "controlling" Party nor shall any City consent result in City assuming any responsibility for
<br />Hazardous Materials on the Premises.
<br />12.4 Storage of Hazardous Materials. District shall store in appropriate leak -proof containers, or in any other
<br />manner approved or prescribed by law, any and all Hazardous Materials permitted within the Premises pursuant to
<br />this Agreement, which if discharged or emitted into the atmosphere, upon the ground or into or on any body of water
<br />will or may (a) pollute or contaminate the same, or (b) adversely affect (i) the health, safety or welfare of persons,
<br />whether on the Premises, or elsewhere, or (ii) the condition, use or enjoyment of the Classroom Building or the
<br />Premises or any real or personal property whether on the Premises or anywhere else, or (iii) the Premises or any of
<br />the improvements thereto or thereon. There shall be no ponding or surface storage whatsoever of Hazardous Materials
<br />on the Premises. The following substances may not from be brought onto the Premises: Arsines, Etching, Asbestos,
<br />Fluorocarbons, Chlorocarbons, Freon, Dioxins, (including dioxin precursors and intermediates.
<br />12.5 District's Disposal of Hazardous Materials. Notwithstanding anything to the contrary contained in this
<br />Lease, District shall not dispose of any Hazardous Materials, regardless of the quantity of concentration, within the
<br />drains and plumbing facilities within the Premises or other property of City. The disposal of Hazardous Materials
<br />shall be in approved containers and removed from the Premises only by duly licensed carriers. If District becomes
<br />aware of or suspects the presence of any Hazardous Materials existing within or coming onto the Premises, District
<br />shall immediately give written notice of such condition to City as required by California Health and Safety Code
<br />Section 25359.7.
<br />12.6 Information/Fines. District shall maintain a Material Safety Data Sheet for each and every Hazardous
<br />Material brought into the Premises. Such information shall be kept current at all times and shall be kept in a place
<br />accessible to City at any time for inspection and in the event of an emergency. District shall pay, prior to delinquency,
<br />and all fees, taxes (including excise taxes) and fines that are charged upon or incident to District's activities related to
<br />Hazardous Materials, and shall not allow such obligations to become a lien or charge against the New Classroom
<br />Building or the Premises or upon City. District shall deliver to City true and correct copies of the following documents
<br />related to the handling, storage, transportation, disposal and emission of Hazardous Materials, concurrently with the
<br />receipt from or submission to a governmental agency of: (i) permits, approvals, reports and correspondence; (ii)
<br />storage and management plans; (iii) notice of violations of any Environmental Laws; (iv) plans relating to the
<br />installation of any storage tanks to be installed in, under or around the Premises; and (v) all closure plans or any other
<br />documents required by any and all federal, state and local governmental agencies and authorities for any storage tanks
<br />installed in, or under the Premises.
<br />12.7 District Notice to Citv. District shall immediately provide City with telephonic notice, which shall later be
<br />confirmed by written notice, of any and all accumulation, spillage, discharge, and disposal of Hazardous Materials
<br />onto or within the Premises, and any injuries or damages resulting directly or indirectly there from. Further, District
<br />shall deliver to City a copy of each and every notice or order received from governmental agencies concerning
<br />Hazardous Materials and the possession, use and/or disposal thereof promptly upon receipt of each such notice or
<br />order. In addition, District shall immediately notify City in writing of (a) any enforcement, cleanup, removal, or other
<br />governmental or regulatory action instituted, completed, or threatened pursuant to any Environmental Laws; (b) any
<br />claim made or threatened by any person against District or the New Classroom Building or the Premises relating to
<br />damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any
<br />Hazardous Materials; and (c) any reports made to any local, state or federal environmental agency arising out of or in
<br />connection with any Hazardous Materials in or removed from the Premises, including any complaints, notices,
<br />ATTY/AGR/2017.041/GROUND LEASE -SANDPIPER
<br />REV: 03-01-17 JS
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