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AgdaPkt 2018-06-11 Closed and Joint SA PFA
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AgdaPkt 2018-06-11 Closed and Joint SA PFA
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Last modified
6/13/2018 4:05:50 PM
Creation date
6/7/2018 6:21:34 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
6/11/2018
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6.1.F. - Page 84 <br />Exhibit C <br />of damage or loss to property or injury or death to any such person arising on the License <br />Area or out of the Activities conducted on the License Area. The provisions of this <br />Section 8 shall survive the termination of this Agreement. <br />9. Lim. BIAC shall not permit any mechanic's or material men's liens, stop <br />notices or other liens (collectively "Liens'l to be filed against the License Area or the <br />Property by reason of labor or materials fittnished to the License Area at BIAC's instance <br />or request. If any such liens are filed against the License Area, BIAC shall cause the <br />same to be discharged of record, either by payment of the claim or by posting and <br />recording the bond contemplated by the California Civil Code Section 3143, within 20 <br />days alter demand by City. BIAC shall indemnify, hold harmless, and defend the City <br />and the City Indemnified Parties from and against any Claims relating to such liens. <br />10. Security. BIAC hereby acknowledges that the City shall have no <br />obligation whatsoever to provide security for the License Area. BIAC assumes all <br />responsibility for the protection of BIAC, its agents and invitees from acts of third <br />parties, and shall indemnify, defend, and hold harmless the City for claims related to <br />failure to provide security. <br />11. Hazardous Materials. BIAC shall not use, store, transport, handle or <br />dispose of any Hazardous Materials on or about the License Area. "Hszardons <br />Materials" shall mean any material or substance that is now or hereinafter designated by <br />any applicable governmental. authority to be, or regulated by any applicable governmental <br />authority as, radioactive, toxic, hazardous or otherwise a danger to health, reproduction or <br />the environment. BIAC shall indemnify, defend, and hold the City and the City <br />Indemnified Parties harmless from any Claims incurred or suffered by the City or the <br />City Indemnified Parties arising from BIAC's bringing, allowing, using, permitting, <br />generating, creating, emitting, storing, or disposing of hazardous Materials on or about <br />the License Area or the Property. <br />12. Compliance. At its sole cost and expense, BIAC shall comply and cause <br />all BIAC Parties to comply with all laws, statutes, ordinances, requirements, policies and <br />standards of the City and all other govenmaental authorities. BIAC shall not create or <br />permit any unsafe conditions upon the License Area, shall promptly report to the City the <br />discovery of any unsafe conditions, and shall take all actions necessary to correct any <br />unsafe conditions. BIAC shaft erect and maintain as required by existing conditions all <br />reasonable safeguards for safety and protection, including posting danger signs, <br />barricades, and other warnings as necessary or appropriate with respect to hazards on or <br />about the License Area BIAC shall comply with all laws, statutes, ordinances, and <br />governmental rules, regulations, or requirements and with good and safe practices in <br />connection with its use of the License Area. <br />13. Alcohol and Controlled Substances. BIAC shall not permit the use of <br />alcoholic beverages or controlled substances on the License Area, <br />14. Rules and Regulations. The City reserves the right to adopt niles and <br />regulations governing the use of the License Area and the Property (the "Ruffles and <br />s1nC License 6.11.09 v3 3 <br />Page 19 of 31 <br />
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