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7. Lathrop Property- License Agreement Attachment 1
<br /> 08/23/2012
<br /> Exhibit A
<br /> amended, 42 U.S.C. Sections 9601 et seq., or pursuant to Section 25316 of the
<br /> California Health & Safety Code or any other federal, state, or local Law; a "hazardous
<br /> waste" listed pursuant to Section 25140 of the California Health & Safety Code; any
<br /> asbestos and asbestos containing materials whether or not such materials are part of
<br /> the City Property or are naturally occurring substances in the City Property; and any
<br /> petroleum, including, without limitation, crude oil or any fraction thereof, natural gas or
<br /> natural gas liquids, provided, the foregoing shall not prohibit LICENSEE from traversing
<br /> to, from and across the City Property in standard motor vehicles. The term "release" or
<br /> "threatened release" when used with respect to Hazardous Material shall include any
<br /> actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging,
<br /> injecting, escaping, leaching, dumping, or disposing in, on, under or about the City
<br /> 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 Adioining Land. LICENSEE acknowledges that the privilege given under this
<br /> License shall be limited strictly to the City Property. LICENSEE shall not traverse over or
<br /> otherwise use any adjoining lands of CITY.
<br /> 5. Term of License. The privilege conferred to LICENSEE pursuant to this Use
<br /> Agreement shall be six (6) month term ("Term"), commencing on the Commencement Date and
<br /> expiring on March 15, 2013 ("Expiration Date"), unless earlier terminated by either party by
<br /> delivering written notice to the other party not less than thirty (30) days prior to the date of
<br /> termination. Subject to the foregoing, CITY may at its sole option freely revoke and terminate
<br /> this License at any time without cause or liability, and without any obligation to pay any
<br /> consideration to LICENSEE or return to LICENSEE any part of the License Fee. Upon any
<br /> revocation or termination, LICENSEE shall immediately surrender the City Property in the
<br /> condition required under this License Agreement. The Term may be extended for up to an
<br /> additional six (6) months by the mutual agreement of both parties. The City Manager is
<br /> authorized to execute such extensi ons of the License Agreement on a month-to-month basis. In
<br /> no event shall LICENSEE have the right to unilaterally extend the Term beyond the Expiration
<br /> Date.
<br /> 6. Covenant to Maintain Citv Propertv. 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.
<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 /> the City Property by LICENSEE, as may be necessary to avoid any actual or potential
<br /> interference with any of CITY's operations and use of the City Property. In the request, CITY
<br /> shall have the right to specify reasonable time limits for completion of the work. If after such
<br /> written notice LICENSEE fails to complete the requested work within the prescribed time limits,
<br /> CITY shall have the right to pertorm the requested work and charge LICENSEE all costs and
<br /> expenses incurred by CITY in performing the work. Such amount shall be due and payable
<br /> upon CITY's demand. In the event of an emergency CITY may, at its sole option and without
<br /> ATTY/AGR/2012.096/LATHROP PARC LICENSE AGREEMENT
<br /> REV:07-17-12 VR
<br /> Page 4 of 12
<br /> OB RESO #12-03
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