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2900 - Site Mitigation Program
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PR0522496
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Last modified
2/15/2019 5:20:34 PM
Creation date
2/15/2019 2:42:16 PM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
FIELD DOCUMENTS
RECORD_ID
PR0522496
PE
2957
FACILITY_ID
FA0015317
FACILITY_NAME
FLAG CITY CHEVRON
STREET_NUMBER
6421
STREET_NAME
CAPITOL
STREET_TYPE
AVE
City
LODI
Zip
95245
APN
05532024
CURRENT_STATUS
02
SITE_LOCATION
6421 CAPITOL AVE
P_LOCATION
99
P_DISTRICT
004
QC Status
Approved
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EHD - Public
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parties to create a limited license in BFLP and AGE and no easements or other interests <br /> in the Property are conveyed. <br /> 2. Compliance with Laws. BFLP and AGE shall exercise the rights and perform the work in <br /> compliance with all applicable laws, regulations and orders of the governmental agency <br /> monitoring the work and shall keep the McDonald's site free and clear of all liens <br /> relating to the work. <br /> 3. Sampling Results. BFLP and AGE shall provide McDonald's with a copy of all sampling <br /> results taken from the Well and a copy of any report submitted to the governmental <br /> agency. <br /> 4. Indemnity. BFLP and AGE shall be solely responsible,jointly and severally, for all costs, <br /> expenses,permit fees or other expenditures necessitated by the work described herein and <br /> shall hold McDonald's harmless therefrom. In addition, BFLP and AGE hereby agree to <br /> indemnify, defend and hold McDonald's harmless from and against any and all losses, <br /> damages, causes of action, claims, liabilities, cost and expenses (including reasonable <br /> attorneys' fees and court costs), suffered or incurred by McDonald's as a result of, directly <br /> or indirectly, the installation or existence of the Well described above or the entry upon <br /> the Property by BFLP or AGE, their agents, contractors, employees, licensees and <br /> invitees, including, without limitation, those arising from mechanics' liens, injury to <br /> persons or damage to the Property, including, without limitation, improvements located <br /> on the Property. <br /> 5. Waiver of Claims. BFLP and AGE shall install the Well and collect water samples, and <br /> shall otherwise enter upon the Property at their sole risk, cost and expense. BFLP and <br /> AGE hereby waive and relinquish any and all claims, liabilities, causes of action, <br /> demands and costs and expenses related to the subject matter of this License now or <br /> hereafter arising in BFLP and/or AGE or any of their employees', contractors' or agents' <br /> favor with respect to injury to persons or property occasioned by, directly or indirectly, <br /> the conditions of the Property or any improvements thereon or any other facts or <br /> occurrences with respect to BFLP's and/or AGE's conduct under this License. Nothing in <br /> this License shall be deemed or construed as requiring McDonald's to perform any <br /> activity whatsoever or to expend any money in connection with the installation of the <br /> Well or collection of samples. <br /> 6. Restoration. Without limiting the generality of the foregoing provisions, at the expiration <br /> or earlier termination of this License, BFLP and AGE agree to restore the Property and <br /> improvements located on the Property to substantially the same condition as exists at the <br /> time of commencement of such work. If McDonald's future construction needs require <br /> the relocation of the Well, BFLP and AGE shall remove or relocate the Well at their sole <br /> cost and expense. <br /> 7. No interference with Business. BFLP and AGE agree that the installation of the Well and <br /> collection of ground water will not unreasonably interfere with McDonald's or <br /> C:\D000ME-1\0wner\LOCALS-1\TaM\Iicense to install monitoring wells.doc <br />
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