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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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McDonald's agents', customers' or tenants' use and enjoyment of the Property. BFLP <br /> and AGE further agree not to perform such activities between the following hours: 7:00 <br /> a.m.-10:00 a.m., 11:30 a.m.— 1:00 p.m., and 5:00 p.m. — 7:00 p.m. Prior to entering onto <br /> the Property to install the Well and/or to collect water samples, BFLP and AGE shall <br /> notify the operator of the McDonald's restaurant located on the Property at least 24 hours <br /> in advance and shall not enter onto the Property if'such operator indicates that there is a <br /> special event or other activity occurring on the proposed date of entry onto the Property. <br /> 8. Default. If either BFLP or AGE fail to comply with the terms of this License and <br /> continues in default for a period of five (5)business days after notice from McDonald's to <br /> cure, McDonald's may terminate BFLP's and AGE's right of access, cure the default and <br /> be reimbursed from BFLP and/or AGE within thirty (30) days after demand for <br /> reimbursement. In any event, this License shall terminate with no further action of either <br /> party two (2) years from the date of this License, provided that BFLP's and AGE's <br /> indemnification obligations and their obligation to remove the equipment and restore the <br /> Property shall survive termination. <br /> 9. Survival of Obligations. BFLP's and AGE's obligations under this License shall not <br /> cease until BFLP and AGE have (a) removed all of its equipment, in accordance with <br /> applicable laws, regulations and orders of the applicable governmental agency, (b) closed <br /> and sealed the Well in such a manner so they do not present a hazard or nuisance on the <br /> Property, and (c) restored the Property to a state and appearance similar to the balance of <br /> the Property. <br /> 10. Notices. Any notices required herein may be delivered by U.S. certified mail, messenger, <br /> or overnight delivery to BFLP, PC. Bc;,A NII f Woedb."& e ; CA 95 258 - , AGE, <br /> T37 S kl 4w R c A D S Tnc K of, CA 95 Z I5 , or to McDonald's at One <br /> McDonald's Plaza, Oak Brook, Illinois 60523, U.S. Legal Department 4091, L/C: 004- <br /> 2378. The parties may change the notice address by furnishing to the others in writing, <br /> the address of service of notice. Any notice so mail shall be deemed to have been given <br /> at the time it is deposited in the United States Mail. <br /> 11. No Liability. The granting of this License by McDonald's is not intended, nor should it <br /> be construed, as an admission of liability on the part of McDonald's successors and <br /> assigns for any contamination discovered on the Property. <br /> 12. Successors and Assigns. This License shall be binding upon and shall inure to the benefit <br /> of the heirs, successors and assigns of the parties. <br /> 13. Inte agr tion. This License contains a complete expression of the agreement between the <br /> parties, and there are no promises, representations or inducements, verbal or written, <br /> except such as herein provided, and the terms of this License cannot be varied or <br /> terminated except by the written agreement of the parties. <br /> C:\DOCUME-1\Owner\LOCAIS-1\Temp\license to install monitaring wells.doc <br />
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