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Item 12 - Ground License Agreement for Wireless Telecommunications Facilities
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Item 12 - Ground License Agreement for Wireless Telecommunications Facilities
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5/21/2025 5:47:27 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
12
Date
3/18/2025
Destruction Year
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reasonable cause to believe has come or will come to be located on or beneath the <br />Premises, LICENSEE agrees to promptly commence and complete the removal <br />of the hazardous material at no cost or expense to LICENSOR and in full <br />compliance with all applicable laws, regulations, permits, approvals, and <br />authorizations. The phrase "hazardous material", as used herein, has the same <br />meaning as that phrase has in Section 14 B. of this Agreement. <br />D. No permanent underground or above ground storage tanks shall be installed on <br />Premises. Only temporary fuel tanks with secondary containment, for the sole <br />purpose of storing fuel for the backup generators, are allowed. <br />E. In no case shall LICENSEE cause or allow the deposit or disposal of any <br />hazardous materials of any kind on the Property, in any manner prohibited by <br />law. LICENSOR, or its agents or contractors, shall upon seventy-two hours' prior <br />notice to LICENSEE and accompanied by an escort designated by LICENSEE, <br />have the right to go upon and inspect the Premises and the operations thereon to <br />assure compliance with the requirements herein stated. In the event of <br />emergency, where LICENSOR cannot reasonably comply with the foregoing <br />notice requirement, LICENSOR shall have the right to access the Premises and <br />LICENSOR shall, within forty-eight (48) hours following actual notice of <br />emergency access, inform LICENSEE of (i) the date and time of emergency <br />access and (ii) the nature of the event requiring emergency access. This <br />inspection may include taking samples of substances and materials present for <br />testing, and/or the testing of surface soils and sub -surface soils. In the event <br />LICENSEE breaches any of the provisions of this Section, this Agreement may <br />be terminated by LICENSOR, subject to any applicable cure periods. <br />F. LICENSEE shall, within twenty-four (24) hours of the discovery on the Premises <br />of the presence of, or believed presence of, a Hazardous Substance as defined <br />herein, give written notice to City. The failure to disclose in a timely manner the <br />release of a Hazardous Substance by LICENSEE, including but not limited to, an <br />amount which is required to be reported to a state or local agency pursuant to law <br />shall be grounds for termination of this Agreement by City in addition to actual <br />damages and other remedies provided by law. LICENSEE shall immediately clean <br />up and completely remove all Hazardous Substances placed by LICENSEE on, <br />under, about or within the Premises, in a manner that is in all respects safe and in <br />accordance with all applicable laws, rules and regulations. <br />G. LICENSEE shall be responsible for and bear the entire cost of removal and <br />disposal of any and all hazardous materials introduced to the Premises during <br />LICENSEE's period of use of the Premises, regardless of whether such hazardous <br />material is introduced by LICENSEE or by any other person acting under <br />LICENSEE. LICENSEE shall also be responsible for any clean-up and <br />decontamination on or off the Premises necessitated by the introduction of such <br />hazardous materials within the Premises or any surface below the Property. <br />LICENSEE shall not be responsible for or bear the cost of removal or disposal of <br />Page 8 of 67 <br />
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