|
7. Lathrop Property- License Agreement Attachment 1
<br /> 08/23/2012
<br /> Exhibit A
<br /> C. Subject to CITY Uses. CITY reserves the right to use the City Property in common
<br /> with LICENSEE. The permission granted by this Agreement is non-exclusive in nature.
<br /> City reserves the right to enter into agreement with other parties for use of the Property.
<br /> Notwithstanding the foregoing, however, no other licensee shall be allowed to use the
<br /> parking between the hours stated for LICENSEE's use in Subsection A above.
<br /> D. Responsibilitv for Vehicles. LICENSEE shall be solely responsible for all vehicles
<br /> store on the City Property pursuant hereto, and CITY shall have no duty whatsoever for
<br /> any vehicle or personal property stored on the City Property.
<br /> E. Revocabilitv. LICENSEE acknowledges and agrees that the installation of any
<br /> improvements or facilities permitted hereunder, regardless of cost, shall not in any way
<br /> whatsoever limit CITY's right to revoke this License pursuant to the terms hereof or any
<br /> of CITY's other rights here under.
<br /> 4. Restrictions on Use. LICENSEE agrees that, by way of example only and without
<br /> limitation, the following uses of the City Property by LICENSEE, or any other person claiming by
<br /> or through LICENSEE, are inconsistent with the limited purpose of this License and are strictly
<br /> prohibited as provided below:
<br /> A. Dumping. LICENSEE shall not cause or permit the dumping or other disposal in, on,
<br /> under or about the City Property of landfill, refuse, Hazardous Material (as defined
<br /> below) or any other materials, including but not limited to materials that are unsightly or
<br /> could pose a hazard to the human health or safety, native vegetation or wildlife, or the
<br /> environment.
<br /> B. Hazardous Material. LICENSEE shall not cause, nor shall LICENSEE allow any of
<br /> its Agents or Invitees (as such terms are defined below) to cause, any Hazardous
<br /> Material (as defined below) to be brought upon, kept, used, stored, generated, released
<br /> or disposed of in, on, under or about the City Property, or transported to, from or over
<br /> the City Property. LICENSEE shall immediately notify CITY when LICENSEE learns of,
<br /> or has reason to believe that, a release of Hazardous Material has occurred in, on, under
<br /> or about the City Property. LICENSEE shall further comply with all laws, statutes,
<br /> ordinances, rules, regulations, policies, orders, edicts and the like requiring notice of
<br /> such releases or threatened releases to governmental agencies, and shall take all action
<br /> necessary or desirable to mitigate the release or minimize the spread of contamination.
<br /> In the event that LICENSEE or its Agents or Invitees cause a release of Hazardous
<br /> Material, LICENSEE shall, without cost to CITY and in accordance with all Laws and
<br /> using the highest and best technology available, promptly return the City Property to the
<br /> condition immediately prior to the release. In connection therewith, LICENSEE shall
<br /> afford CITY a full opportunity to negotiate and participate in any discussion with
<br /> governmental agencies and environmental consultants regarding any settlement
<br /> agreement, cleanup or abatement agreement, consent decree or other compromise
<br /> proceeding involving Hazardous Material, and any other abatement or clean-up plan,
<br /> strategy and procedure. For purposes hereof, "Hazardous Material" means material
<br /> that, because of its quantity, concentration or physical or chemical characteristics, is at
<br /> any time now or hereafter deemed by any federal, state or local governmental authority
<br /> to pose a present or potential hazard to public health, welfare or the environment.
<br /> Hazardous Material includes, without limitation, the following: any material or substance
<br /> defined as a "hazardous substance, pollutant or contaminant" pursuant to the
<br /> Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
<br /> ATTY/AGR/2012.096/LATHROP PARC LICENSE AGREEMENT
<br /> REV:07-17-12 VR
<br /> Page 3 of 12
<br /> OB RESO #12-03
<br />
|