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promptly return the License Area to the condition immediately prior to the
<br /> release. In connection therewith, COUNTY shall afford CITY a full opportunity to
<br /> negotiate and participate in any discussion with governmental agencies and
<br /> environmental consultants regarding any settlement agreement, cleanup or
<br /> abatement agreement, consent decree or other compromise proceeding
<br /> involving Hazardous Material, and any other abatement or clean-up plan,
<br /> strategy and procedure. For purposes hereof, "Hazardous Material" means
<br /> 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
<br /> local governmental authority to pose a present or potential hazard to public
<br /> health, welfare or the environment. Hazardous Material includes, without
<br /> limitation, the following: any material or substance defined as a "hazardous
<br /> substance, pollutant or contaminant" pursuant to the Comprehensive
<br /> Environmental Response, Compensation and Liability Act of 1980, as amended,
<br /> 42 U.S.C. Sections 9601 et seq., or pursuant to Section 25316 of the California
<br /> 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;
<br /> any asbestos and asbestos containing materials whether or not such materials
<br /> are part of the License Area or are naturally occurring substances in the License
<br /> Area; and any petroleum, including, without limitation, crude oil or any fraction
<br /> thereof, natural gas or natural gas liquids, provided, the foregoing shall not
<br /> prohibit COUNTY from traversing to, from and across the License Area in
<br /> standard motor vehicles. The term "release" or "threatened release" when used
<br /> with respect to Hazardous Material shall include any actual or imminent spilling,
<br /> leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping,
<br /> 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
<br /> the License Area that constitute waste, nuisance or unreasonable annoyance
<br /> (including, without limitation, emission of objectionable odors, noises or lights) to
<br /> CITY, to the owners or occupants of neighboring property, or to the public, or that
<br /> constitute waste or nuisance per se.
<br /> F. Use of Adjoining Land. COUNTY acknowledges that the privilege given
<br /> under this Agreement shall be limited strictly to the License Area. COUNTY shall
<br /> not traverse over or otherwise use any adjoining lands of CITY.
<br /> G. Pondinq; Water Courses. COUNTY shall not cause any ponding on the
<br /> License Area or any flooding on adjacent land. COUNTY shall not engage in any
<br /> activity that causes any change, disturbance, fill, alteration or impairment to the
<br /> bed, bank or channel of any natural water course, wetland, or other body of water
<br /> on, in, under or about the License Area, nor shall COUNTY engage in any
<br /> activity that could pollute or degrade any surface or subsurface waters or result in
<br /> the diminution or drainage of such waters.
<br /> ATTY/AGR/2012.156/COUNTY JAIL MAPLE STREET PARKING STRIP LICENSE AGREEMENT
<br /> REV:09-24-12 VR
<br /> Page 5 of 17
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