|
I
<br /> 1. Advance Notice. Prior to each entry onto the Property, Licensee, through
<br /> HCB, will provide forty-eight (48) hours notice to Isola & Ruiz, LLP, counsel
<br /> for the Owner. Owner shall arrange for access and may arrange for oversight
<br /> of all on-site activities.
<br /> 2. No Unreasonable Interference. Licensee will use its best efforts to ensure
<br /> that none of its activities on the Property unreasonably interferes with or
<br /> delays any other activities being undertaken on the Property.
<br /> 3. Underground Cables and Pipes. There may be pipelines, electric power j
<br /> cables, or other structures beneath the Property; therefore, if Licensee should
<br /> excavate and drill, Licensee will use best efforts to positively identify the
<br /> location of all such structures prior to drilling or excavating with mechanized
<br /> equipment.
<br /> i
<br /> 4. Hazardous Waste. The City agrees to comply with applicable laws and
<br /> regulations regarding the disposal of hazardous waste generated during the
<br /> City's inspection, testing and sampling of RF Land, Inc.'s property, if any.
<br /> The City requests that it be permitted to store said hazardous waste, if any,
<br /> on RF Land, Inc.'s property while arranging for transportation and disposal
<br /> of the same. As discussed, should hazardous wastes be discovered during the i.
<br /> City's inspection, testing and sampling, which would require a Federal or
<br /> State Identification Number, both the City and RF Land, Inc. agree to jointly
<br /> execute all necessary paperwork in accordance with the law.
<br /> 5. Repair and Restoration of Property at Conclusion. Licensee will, at its sole
<br /> cost and expense, repair, replace, or otherwise correct damage caused to the
<br /> Property, including, without limitation, the backfilling and compaction of any j
<br /> excavations or borings made and the destruction of any monitoring wells j
<br /> installed, and leave the Property in substantially the same condition as it was i
<br /> prior to commencement of the activities. This repair or replacement, to the f
<br /> extent reasonable, will be completed in a timely fashion. Any monitoring or j
<br /> testing structures, including without limitation any groundwater monitoring
<br /> wells, which may remain on the Property longer than sixty (60) days after
<br /> installation or location, will be removed and any damage created as a result
<br /> or their installation or location will be repaired, replaced or otherwise
<br /> corrected within thirty (30) days of the earlier of (i) the date Licensee has
<br /> ceased using these structures or (ii) the expiration or termination of this
<br /> Agreement, except where otherwise mandated by the governing regulatory
<br /> body. However, the City agrees to remain solely responsible for the removal
<br /> of any monitoring or testing structures installed or built by the City pursuant
<br /> to the Tasks outlined in this Site Access Authorization which remain on the
<br /> Property due to any mandate or requirement of any regulatory body following
<br /> termination of this Site Access Authorization. r
<br /> I
<br /> 6. Indemnity. Licensee shall indemnify, defend and hold harmless Owner and
<br /> Owner's agents, customers, employees, contractors, tenants, licensees, and
<br /> invitees from and against any and all obligations, losses, damages, costs,
<br /> i
<br />
|