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2022 09-12 CC PACKET
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2022 09-12 CC PACKET
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1/8/2026 8:23:31 AM
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1/8/2026 8:17:23 AM
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ADM 05000
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CITY COUNCIL PACKETS
Destruction
PERMANENT
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23.3 Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right <br />to terminate. this License for any subsequent default or defaults,nor shall any such waiver <br />in any way affect Licensor'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 inequity. <br />23.4 In addition to and not.in limitation of Lice0sor's rights to terminate this. Lice nse for faiiure to <br />provide .evidence of insuranceor 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 terrhi nation 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 />are 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 />2411 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 10 .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. any environmental 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 />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 Licensor'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 />15 Fnrm 424; Rev. 20190916 <br />
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