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ATTY/AGR.2021.303/SOIL IMPORTATION AGREEMENT – CITY COUNTY <br />REV: 11-24-21 VR <br />Page 3 of 10 <br />(c) Without limiting the foregoing, prior to expiration of the Soil Importation License, <br />County shall remove all Hazardous Substances (as defined below), if any, brought <br />onto the City Parcel by County or any County Parties (defined below), and shall <br />dispose of all such items in accordance with applicable laws. <br />3. Compliance with Laws; Hazardous Substances; Permits. County shall conduct all <br />County Activities in compliance with all applicable Federal, State and municipal statutes <br />and ordinances, and with all applicable regulations, orders and directives of appropriate <br />governmental agencies, including without limitation those relating to dust control and (as <br />applicable) the transportation, storage, use and disposal of Hazardous Substances. <br />County shall obtain all (if any) permits required for the County Activities on the Soil <br />Importation License Area or applicable portion thereof. <br />4. Other Requirements. <br />(a) Fencing. During the Term, County or its contactors shall install and maintain <br />temporary fencing around the perimeter of the City Parcel (other than the side <br />bordering the City Remainder Property). <br />(b) Non-Interference. At all times County shall ensure that all County Activities are <br />conducted in a manner to minimize noise, disruption and interference with nearby <br />properties <br />(c) Demonstration of Fill Cleanliness. All soil brought onto the City Parcel shall meet <br />the Clean Fill requirements set forth above. All compaction work shall satisfy all <br />requirements specified in the Soil Work or required by law, County shall provide <br />Owner with all test reports and certifications required by the Soil Work and <br />otherwise reasonably requested by Owner to confirm the foregoing. <br />(d) [Intentionally Omitted] <br />(e) Avoidance of Wetlands. County shall take care to avoid all wetlands within the <br />City Parcel, and to prevent any persons, equipment, materials, debris or other <br />objects from entering into any wetlands area. <br />(f) General Cooperation/Coordination. Each of City and County shall, and each shall <br />cause their respective contractors, subcontractors, consultants and <br />representatives to, work together in good faith to facilitate each party’s permitted <br />activities and minimize conflicts on the City Parcel. <br />(g) County Reimbursement. Should the City and County fail to complete the execution <br />of the Exchange Agreement, City in its sole discretion may remove any soil <br />imported and improvements already made by the County as part of this Soil <br />Importation Agreement, at County’s cost and with prompt reimbursement by <br />County. <br />5. Insurance. During the Term of this License, County shall maintain (or cause its <br />contractors to maintain) all insurance required in Exhibit C. County shall provide Owner <br />evidence of the foregoing insurance before accessing any part of the Soil Importation <br />License Area.