AgdaPkt 2013-07-22 - Laserfiche WebLink

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6.1.G. - Page 6 D. Responsibility for Facilities. AUTHORITY shall be responsible for the security of the Permitted Facilities placed or installed on the City Property pursuant hereto, and CITY shall have no duty to safeguard any such Facilities. E. Revocability. AUTHORITY acknowledges and agrees that the installation of any improvements or facilities permitted hereunder, regardless of cost, shall not in any way limit CITY's right to revoke this Agreement pursuant to the terms thereof. 3. Restrictions on Use. AUTHORITY agrees that, by way of example only and without limitation, the following uses of the City Property by AUTHORITY, or any other person claiming by or through AUTHORITY, are inconsistent with the limited purposes of this Agreement and are prohibited as provided below: A. Dumpinq. AUTHORITY shall not cause or permit the dumping or other disposal in, on, under or about the City Property of refuse, Hazardous Material (as defined below) or any other materials not permitted hereunder. B. Hazardous Material. AUTHORITY will use Area 1 as a contractor's storage and staging area and Area 2 as a bypass road. Storage of any hazardous materials is allowed so long as best management practices are employed in storing, handling and using such materials. AUTHORITY shall immediately notify CITY when AUTHORITY learns of, or has reason to believe that, an uncontrolled release of Hazardous Material has occurred in, on, under or about the City Property. AUTHORITY shall comply with all laws, statutes, ordinances, rules, regulations, policies, regulatory orders and the like requiring notice of such releases or threatened releases to governmental agencies, and shall take all action necessary or appropriate to mitigate the release or minimize the spread of contamination. In the event that AUTHORITY or its Agents or Invitees cause a release of Hazardous Material, AUTHORITY shall, without cost to CITY and in accordance with all Laws (hereinafter defined) and using the highest and best technology available, promptly return the City Property to the condition immediately prior to the release. In connection therewith, AUTHORITY shall afford CITY a full opportunity to negotiate and participate in any discussion with governmental agencies and environmental consultants regarding any settlement agreement, cleanup or abatement agreement, consent decree or other compromise proceeding involving Hazardous Material, and any other abatement or clean-up plan, strategy and procedure. For purposes hereof, "Hazardous Material" means material that, because of its quantity, concentration or physical or chemical characteristics, is at any time deemed by any federal, state or local governmental authority to pose a present or potential hazard to public health, welfare or the environment. Hazardous Material includes, without limitation, the following: any material or substance defined as a "hazardous substance, pollutant or contaminant" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601 et seq., or pursuant to Section 25316 of the California Health & Safety Code or any other federal, state, or local ordinance or regulation (collectively, "Laws"); a"hazardous waste" listed pursuant to Section 25140 of the California Health & Safety Code; any asbestos brought onto the City Property and ATTY/AGR/2013.061/SBSA LICENSE AGREEMENT REV: 07-10-13 VR Page 4 of 13