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Agmt13 Bay Area Air Quality Managemenet District - Revocable License
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Agmt13 Bay Area Air Quality Managemenet District - Revocable License
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Last modified
3/19/2013 8:45:38 AM
Creation date
3/19/2013 8:45:36 AM
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Agreement
Contractor Name
Bay Area Air Quality Managemenet District
PROJECT NAME
Revocable License Agmt to use portion of roof of Water tank at 1050 Twin Dolphin Dr
RMP File Number
304
Date
3/18/2013
MO Ref
13-050
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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 Propertv. 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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