|
spread of contamination. In the event that LICENSEE or its Agents or Invitees cause a
<br />release of Hazardous Material, LICENSEE shall, without cost to CITY and in accordance
<br />with all Laws and using the highest and best technology available, promptly return the
<br />City Property to the condition immediately prior to the release. In connection therewith,
<br />LICENSEE shall afford CITY a full opportunity to negotiate and participate in any
<br />discussion with governmental agencies and environmental consultants regarding any
<br />settlement agreement, cleanup or abatement agreement, consent decree or other
<br />compromise proceeding involving Hazardous Material, and any other abatement or
<br />clean-up plan, strategy and procedure. For purposes hereof, "Hazardous Material"
<br />means material that, because of its quantity, concentration or physical or chemical
<br />characteristics, is at any time now or hereafter deemed by any federal, state or local
<br />governmental authority to pose a present or potential hazard to public health, welfare or
<br />the environment. Hazardous Material includes, without limitation, the following: any
<br />material or substance defined as a "hazardous substance, pollutant or contaminant"
<br />pursuant to the Comprehensive Environmental Response, Compensation and Liability
<br />Act of 1980, as amended, 42 U.S.C. Sections 9601 et sea., or pursuant to Section
<br />25316 of the California Health & Safety Code or any other federal, state, or local Law; a
<br />"hazardous waste" listed pursuant to Section 25140 of the California Health & Safety
<br />Code; any asbestos and asbestos containing materials whether or not such materials
<br />are part of the City Property or are naturally occurring substances in the City Property;
<br />and any petroleum, including, without limitation, crude oil or any fraction thereof, natural
<br />gas or natural gas liquids, provided, the foregoing shall not prohibit LICENSEE from
<br />traversing to, from and across the City Property in standard motor vehicles. The term
<br />"release" or "threatened release" when used with respect to Hazardous Material shall
<br />include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying,
<br />discharging, injecting, escaping, leaching, dumping, or disposing in, on, under or about
<br />the City Property.
<br />C. Nuisances. LICENSEE shall not conduct any activities in, on, under or about the
<br />City Property that constitute waste, nuisance or unreasonable annoyance (including,
<br />without 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 waste or
<br />nuisance per se.
<br />D. Use of Adioininq Land. LICENSEE acknowledges that the privilege given under this
<br />license shall be limited strictly to the License Area. LICENSEE shall not traverse over or
<br />otherwise use any adjoining lands owned by CITY but not within any public right-of-way,
<br />street or sidewalk.
<br />6. Covenant to Maintain Citv Prouertv. In connection with its use hereunder, LICENSEE
<br />shall at all times, at its sole cost, maintain the City Property in a good, clean, safe, secure,
<br />sanitary and sightly condition. LICENSEE shall not create or permit any unsafe conditions upon
<br />the City Property, shall promptly report to CITY the discovery of any unsafe conditions, and shall
<br />take all actions necessary and reasonably appropriate to correct any unsafe conditions.
<br />LICENSEE shall erect and maintain as reasonably required by existing conditions all reasonable
<br />safeguards for safety and protection, including posting danger signs, barricades, and other
<br />warnings as necessary or appropriate with respect to hazards on or about the City Property.
<br />7. Removal or Alteration of Facilities. Without limiting CITY's rights hereunder,
<br />LICENSEE shall promptly, at CITY's written request, alter or remove at its sole expense any and
<br />all facilities, improvements, plantings or other property installed or placed in, on, under or about
<br />Page 4 of 12
<br />REV: 08-08-18 PR
<br />ATTY/AGR.2018.192/San Mateo County
<br />
|