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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
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approval and shall implement a drainage plan in accordance with applicable laws and <br />regulations (including local ordinances) that provides for the management and discharge <br />of stormwater from the Project Area in a manner other than onto, over,: or through the <br />Premises or .otherwise. impacting .Licenser's property and right of way (the "Alternate <br />Drainage Plan"), <br />24.2 Upon any expiration .or termination of this License, if Licensee fails to surrender the <br />Premises to Licensor or if Licensee fails to complete its obligations under Section 24.1 <br />above .(the "Restoration Obligations"), Licensee shall have.a limited. license to enter upon <br />the Premises. and Project Area solely to the extent necessary for Licensee .to complete the <br />Restoration Obligations, and all liabilities and obligations of Licensee hereunder shall <br />continue in effect until the. Premises are surrendered and the. Restoration Obligations are. <br />completed. Neither termination nor expiration shall release Licensee from any liability or <br />.obligation under this License, whether of indemnity or otherwise, resulting from any acts, <br />omissions or events happening prior to the. date of termination, or, -if later, the date when <br />Licensee surrenders the .Premises and all of the Restoration Obligations are completed. <br />Maintenance of the Pipeline and compliance with the Restoration Obligations shall be <br />continuing obligations of Licensee and its successors and assigns; secured by the <br />covenants provided in Section 29. <br />24.3 if Licensee fails to complete -the Restoration Obligations within thirty (W) days after the <br />date. of such termination of its tenancy, then Licensor may, at its election: (i) remove the <br />.Pipeliine and the other Improvements or otherwise restore the Premises and complete any <br />portion of the Restoration Obligations which remain incomplete, and in such event <br />Licensee shall, within thirty (30) days after receipt of bill therefor, reimburse Licensor for all <br />costs incurred, (ii) upon written notice to Licensee, take and hold the Pipeline and the other <br />Improvements and personal property as its sole property, without payment or obligation to <br />Licensee therefor, or (iii) specifically enforce Licensee's obligation to restore. andlor pursue <br />any remedy at law or in equity.agairnstLicensee1or failure to.so restore. Further, if Licensor <br />has consented to the Pipeline and the other Improvements remaining on the Premises <br />following termination, Licensee shall, upon request by Licensor,provide a bill of sale in a <br />form acceptable to Licensor conveying the Pipeline and the other .Improvements to <br />Licensor for no additional consideration. <br />MISCELLANEOUS <br />25. Successors and Assigns. All provisions contained in this.License shall be.binding upon, inure to <br />the benefit of, and be enforceable by the respective successors and assigns of Licensor and <br />Licensee to the same extent as if each such successor and assign. was named a .party to this. <br />License, provided that, no successor or assign of Licensee may seek to enforce this License until <br />and unless such assignment. has been approved by Licensor as provided in Section `26. <br />26. Assignment. <br />26.1 Licensee may not sell, assign, transfer, .or hypothecate this. License or any right, <br />obligation; or interest herein (either voluntarily or by operation.of law, merger,. or otherwise) <br />without th..e prior written consent of Licensor; which consent to a subsequentowner of the <br />Project Area may not be unreasonably withheld or delayed by Licensor. Any attempted <br />assignment .by Licensee in violation. of this. Section 26 shall.. be a .breach of this License <br />and, in addition, shall be voidable.b.y Licensor in its sole and absolute -discretion. <br />26.2 For purposes of this Section 26, the word "assign" shall include without limitation (a) any <br />sale of the equity interests of Licensee: following which' the .equity interest holders of <br />Licensee immediately prior to such sale own, directly or indirectly, less than 50% of the <br />combined voting power of the outstanding voting equity interests of Licensee, (b). any sale <br />of all or substantially all of the assets of (i) Licensee and (i.i) to the extent such entities exist, <br />11 F.o.Rn 424; Rev, 20190916 <br />
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