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AgdaPkt 2013-03-11
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AgdaPkt 2013-03-11
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Last modified
3/12/2013 4:28:35 PM
Creation date
3/7/2013 4:37:19 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
3/11/2013
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6.1.A. - Page 4 <br /> 3. Grant of License; Use of License Area. A revocable license is hereby granted <br /> for the Licensee to install, operate and maintain a Partisol-Plus Model 2025 Sequential <br /> Air Sampler on the Site to obtain airplane emission samples in accordance with and <br /> pursuant to all applicable permits and Laws, and for no other use or uses whatsoever. <br /> If City authorizes, Licensee may modify the Site as may be necessary to accommodate <br /> the equipment, including installation of electrical circuits and additional security <br /> measures, at District's sole expense. <br /> 4. Term of License. This Agreement shall be effective for one year, from the <br /> Effective Date through a date one year past the effective date ("Term"), unless <br /> terminated earlier. So long as Licensee is not then in default under this Agreement, <br /> Licensee may request that the license be renewed. This Agreement may be renewed <br /> upon written, mutual agreement between City and Licensee. Licensee shall trigger <br /> renewal, if at all, by giving written notice to City of its interest in renewing the Agreement <br /> within sixty (60) days prior to expiration of the then-current Term. Such requested <br /> renewal shall be subject to City Council approval. <br /> 5. Access. Licensee, prior to installing any equipment on City property or the <br /> Site, must first apply for and receive an encroachment permit from the City's <br /> Engineering Division. After obtaining the required City permit, City agrees to provide <br /> Licensee with a means to gain entrance to the Site at all times during the Term of this <br /> Agreement to inspect, maintain, and repair Licensee's equipment. <br /> 6. Pavment. Licensee shall pay City for monthly use of the Site and for <br /> estimated electricity used by Licensee's equipment as follows: $100 per month for base <br /> rent and $55 per month for electricity, for a total monthly payment to City of $155.00. <br /> Licensee will arrange and pay for installation of any additional electrical circuits required <br /> to operate air sampling equipment. If a license fee is paid annually and the agreement <br /> is terminated prior to the end of the Term, City shall refund any advance payment of the <br /> license fee made by Licensee for months after the date of termination. <br /> 7. Restoration of Property. Within ninety days (90) days of vacating the Site, <br /> Licensee agrees to restore the Site to as good a condition as existed at the <br /> commencement of this Agreement or to the satisfaction of City, whichever is least <br /> costly. <br /> 8. Ownership of Equipment. It is agreed by the parties that the air monitoring <br /> equipment installed at the Site by Licensee shall remain the property of Licensee. On <br /> termination of this Agreement by any means, Licensee shall have the right without <br /> further notice to City to remove any and all of the air monitoring equipment belonging to <br /> Licensee and installed at the Site. <br /> 9. Risk of Damaqe to Equipment. Licensee assumes the full risk and <br /> responsibility for any loss, destruction, or damage occurring to the air monitoring <br /> equipment. <br /> ATTY/AGR/2013.024/BAAQMD REVOCABLE LICENSE AGREEMENT <br /> REV:02-25-13 MLG <br /> Page 2 of 9 <br />
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