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Civic Partners Modesto 2095295288 OS/16/00 04:56P P.006
<br /> MAY-16-2008 15:31 FROM:CITY STKN HRO-ACC 2099378822 TL 952915288 P,005�089
<br /> LICENSE TO PERFORM SURVEYS,SOIL BORINGS,SOEL TESTS,
<br /> INSPECTIONS AND ENVIRONMENTAL.RECONNAISSANCE �
<br /> 1. The City of Stockton ("Owner's hereby grants to CfVIC PARTNERS S TOCKTON, LLC, its
<br /> subsidiaries, affiliates, agents, contractors and employees ("Civic") a license to enter upon
<br /> the property described in Exhibit A attached to and .forming a pan of this agreement (the
<br /> "Property") for the purpose of conducting surveys, tests, boring, iwpections and analyses
<br /> limited to the preparation of a phase I arxUar phase II environmental reconnaissance
<br /> (hereafter called "Tests'l of the property as Civic may deem necessary or desirable in the
<br /> exercise of its reasonable discretion. This license shall commence upon the execution of this
<br /> agreement and expire at 12:40 midnight one hundred and twenty(120)days thcrcafter.
<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' lienp, 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 contarninated soil, asbestos or other environmental hazards discovered by
<br /> the Tests.
<br /> 3. Civic shall conduct such Testa anal shall 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 cxpcwcs related to the subject matter of this agreement
<br /> now or hereader arising in Civic's or any of its employees', contrwors' or agents' faver 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 Property to substantially the
<br /> same condition as exists on the date of this agreement.
<br /> 5. Civic further agrees 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 pwics.
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