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2022 03-15 CC PACKET
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2022 03-15 CC PACKET
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1/8/2026 7:53:50 AM
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1/8/2026 7:49:53 AM
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ADM 05000
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CITY COUNCIL PACKETS
Destruction
PERMANENT
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fails to provide evidence of insurance as required in Section 15. <br />.23.2 Should. Licensee not comply fully with the obligations of Section 17 regarding the handling <br />or transporting of. Hazardous Materials, notwithstanding anything contained in. any other <br />provision of this License,. and fails to cure.said default within thirty (30) days after written <br />notice..is provided to Licensee by Licensor (orwithin such shorter period as maybe. required <br />by law), Licensor.may, at its option, terminate this License by serving five (5) days' notice <br />in writing. upon Licensee. <br />23.3 Any waiver.by Licensor of any default or defaults shall not .constitute a. waiver of theright <br />to terminate this License for any subsequent default or defaults, nor shall any such`waiver <br />in. any way affect.l_icensor's ability to.enforce any Section of this License. The remedies <br />set forth in this Section 23 shall be in addition to, and not in limitation of, any other <br />remedies that Licensor may have at law or in equity: <br />23.4 In additionto and riot in limitation of Licensor's rights to terminate this License for failure to <br />provide evidence of insurance or occurrence of defaults as described above, this License <br />may be terminated by Licensor, at any. time, by serving thirty (30) days' written notice of <br />termination upon Licensee. Such termination shall.not. release either party hereto from any <br />liability or obligation under the License, whether of indemnity or otherwise, resulting from <br />any acts, omissions or events happening prior to the date of termination or thereafter.in <br />case by the terms of the License .it is provided that anything shall or may be done after <br />termination hereof. Licensee may not terminate this License except upon.such terms as <br />may be approved. by Licensor in Licensor's sole discretion, which terms must include; but <br />not limited to, Licensee's compliance with the Restoration obligations. defined and. <br />described in Section 24 below (including without limitation the design, approval and <br />implementation of the Alternate Drainage Plan).. <br />24. Surrender of the Premises. <br />24.1 On or before expiration or termination of this. License for any reason, Licensee shall, at its <br />sole cost and expense;. <br />24.1..1 Unless consent for.the Pipeline to remain on the Premises pursuant to Section. <br />24.3 is granted by Licensor in writing, remove -the Improvements, the Pipeline and <br />all appurtenances thereto, or, at the sole discretion of Licensor; fill and cap or <br />otherwise appropriately decommission the Pipeline with a method satisfactory to <br />Licensor; <br />24.:1..2 report and restore anyenvironmental noncompliance or.damage to the Premises,. <br />Licensor's .other property, ..or any .other property arising. from, .growing out of, or <br />connected with Licensee's use of the Premises; <br />24..1.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee; <br />and <br />24.1.4 leave. the Premises in substantially the same condition, including environmental <br />conditions, which. existed as of the Effective Date, or as..otherwise agreed to by <br />Licensor. <br />In accordance with the removal or decommissioning of the Pipeline as required by this <br />section, Licensee shall no longer be permitted in any respect to discharge stormwater or <br />.other drainage from or through. the Project Area onto the Premises or other property of <br />Licensor except as expressly approved by Licensor in writing. Licensee shall seek <br />10 Forth 424;. Rev. 20190916 <br />
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