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Civic Partners Modesto 20952952ee 05/16/00 04:56P P.009
<br /> MAY-16-2000 15:30 FROM:CITY 3TKN HRD,'ACC 2099378822 Tl 95295288 P-002/009
<br /> LICENSE TO PERFORM SURVEYS,solL,BORINGS,SOIL TESTS,
<br /> INSPECTIONS AND ENVIRONMENTAL RECONNAISSANCE
<br /> 1. The Redevelopment Agency of the City of Stockton ("Owner's hereby grants to CIVIC
<br /> PARTNERS STOCKTON, LLC, its subsidiaries, affiliates, agents, contractors and
<br /> emplOYees ("Civic') a license to enter upon the property described in Exhibit A attached to
<br /> and forming a part of this agreement(the "property") for the purpose of conducting surveys,
<br /> tests,borings, inspections and analyses limited to the preparation of a Phase I and/or Phase TT
<br /> environmental recortmaissance (hereafter called "Tests") of the Property as Civic may deem
<br /> necessary or desirable in the exercise of its reasonable discretioq. This license shall
<br /> commence upon the execution of this agreement and expire at 12:00 midnight one hundred
<br /> and twenty(120)days thereafter.
<br /> 2. In consideration of the grant of this license, Civic hereby agrees to indemnify, defend and
<br /> hold Owner harmless from and against any and all losses,damages, causes of action, claims,
<br /> liabilities, cost and expenses (including reasonable attorneys' fees and court costs), suffered
<br /> or incurred by Owner as a result of, directly or indirectly, the conduct of the Tests described
<br /> above or the entry upon the Property by Civic, its agents, contractors, employees, licensees
<br /> and invitees, including, without limitation, those arising from mechanics' liens, injury to
<br /> persons or damage to the Property, including improvements located on the Property. The
<br /> foregoing shall not include, however, any cost, expense, claim or liability arising out of or in
<br /> any way related to contaminated soil, asbestos or other eriviroumental hazards discovered by
<br /> the Tests.
<br /> 3. Civic shall conduct such Tests and &hall otherwise enter upon the Property at its sole risk,
<br /> cost and expense. Civic hereby waives and relinquishes any and all claims, liabilities, causes
<br /> of action, demands and costs and expenses related to the subject matter of this agreement
<br /> now or hereafter arising in Civic's or any of its employees', contractors' or agents' favor with
<br /> respect to injury to persons or property occasioned by, directly or indirectly, the conditions of
<br /> the Property or any improvements thereon or any other facts or occurrences with respect to
<br /> Civic's conduct under this agreement_
<br /> 4. Without limiting the generality of the foregoing provisions, after conducting its Tests, Civic
<br /> agrees to restore the property and improvements located on the Praperry to substantially the
<br /> same condition as exists on the date of this agreement.
<br /> S. Civic.furthcr agrecs that it shall provide to Owner, at no cost or expense to Owner, copies of
<br /> all reports, data, inspections, tests and analyses of the Property obtained by or for the benefit
<br /> of Civic under this agreement.
<br /> 6, This agreement shall be binding upon and shall insure to the benefit of the heirs, successors
<br /> and assigns of the parties.
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