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<br />ATTY/AGR/2022.014.08/TRI-PARTY AGREEMENT
<br />REV: 01-25-2022 VR
<br />any settlement agreement, cleanup or abatement agreement, consent decree or other compromise
<br />proceeding involving Hazardous Material, and any other abatement or clean-up plan, strategy and
<br />procedure. For purposes hereof, "Hazardous Material" means material that, because of its quantity,
<br />concentration or physical or chemical characteristics, is at any time now or hereafter deemed by
<br />any federal, state or local governmental authority to pose a present or potential hazard to public
<br />health, welfare or the environment. Hazardous Material includes, without limitation, the following:
<br />any material or substance defined as a "hazardous substance, pollutant or contaminant" pursuant
<br />to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
<br />amended, 42 U.S.C. Sections 9601 et seq., or pursuant to Section 25316 of the California Health
<br />& Safety Code or 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 asbestos containing
<br />materials whether or not such materials are part of the License Area or are naturally occurring
<br />substances in the License Area; and any petroleum, including, without limitation, crude oil or any
<br />fraction thereof, natural gas or natural gas liquids, provided, the foregoing shall not prohibit
<br />COUNTY from traversing to, from and across the License Area in standard motor vehicles. The
<br />term "release" or "threatened release" when used with respect to Hazardous Material shall include
<br />any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging,
<br />injecting, escaping, leaching, dumping, or disposing in, on, under or about the License Area.
<br />E.Nuisances. COUNTY shall not conduct any activities in, on, under or about the License
<br />Area that constitute waste, nuisance or unreasonable annoyance (including, without limitation,
<br />emission of objectionable odors, noises or lights) to CITY, to the owners or occupants of
<br />neighboring property, or to the public, or that constitute waste or nuisance per se.
<br />F.Use of Adjoining Land. COUNTY acknowledges that the privilege given under this
<br />Agreement shall be limited strictly to the License Area. COUNTY shall not traverse over or
<br />otherwise use any adjoining lands of CITY, including the remaining portion of City Property.
<br />G.Pondinq; Water Courses. COUNTY shall not cause any ponding on the License Area or
<br />any flooding on adjacent land. COUNTY shall not engage in any activity that causes any change,
<br />disturbance, fill, alteration or impairment to the bed, bank or channel of any natural water course,
<br />wetland, or other body of water on, in, under or about the License Area, nor shall COUNTY engage
<br />in any activity that could pollute or degrade any surface or subsurface waters or result in the
<br />diminution or drainage of such waters.
<br />7.Term of License. The privilege conferred to COUNTY pursuant to this Use Agreement shall be for
<br />a ("Term"), commencing on the Commencement Date and expiring on, the first anniversary of the A&R
<br />Effective Date (or, if the A&R Effective Date is not the first day of a month, the first day of the first month
<br />after the A&R Effective Date ("Expiration Date"),provided that the Expiration Date shall automatically be
<br />extended on a month-to-month basis unless either party delivers written notice of termination to the other
<br />party not less than thirty (30) days prior to the date of termination, or extended by mutual agreement of the
<br />parties as provided below. Upon the effective date of anytermination, COUNTY shall immediatelysurrender
<br />the License Area in the condition required under this License Agreement. The initial Term referenced above
<br />may be extended by the mutual agreement of both parties. The City Manager is authorized to execute such
<br />extension(s) of the License Agreement for one or more periods not to exceed one year in duration as the
<br />City Manager may determine in his or her discretion. In no event shall COUNTY have the right to unilaterally
<br />extend the Term beyond the Expiration Date. If COUNTY holds over beyond the Expiration Date with the
<br />consent of the CITY, such hold over shall be deemed to be a month-to-month license.
<br />8.Covenant to Maintain License Area.In connection with its use hereunder, COUNTY shall at all
<br />times, at its sole cost, maintain the License Area in a good, clean, safe, secure and sanitary condition.
<br />9.Removal or Alteration of Facilities and Other Items. Without limiting CITY's rights hereunder,
<br />COUNTY shall promptly, at CITY's written request, alter or remove at its sole expense any and all Permitted
<br />Facilities, permitted Alterations, plantings or other property, equipment, materials, fencing, debris or other
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