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2010-051 RES APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE UNION PACIFIC RAILROAD CO AND THE CITY
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2010-051 RES APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE UNION PACIFIC RAILROAD CO AND THE CITY
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8/21/2012 12:13:52 PM
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5/8/2010 6:37:37 PM
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CITY CLERK
Doc Name
2010-051
Doc Type
Resolution
CITY CLERK - Date
4/26/2010
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Section 5. WATER RIGHTS. <br />This Lease does not include any right to the use of water under any water right of Lessor, <br />or to establish any water rights except in the name of Lessor. <br />Section 6. CARE AND USE OF PREMISES. <br />A. Lessee shall use reasonable care and caution against damage or destruction to the <br />Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain any <br />nuisance, permit any waste, or use the Premises in any way that creates a hazard to persons or property. <br />Lessee shall keep the sidewalks and public ways on the Premises, and the walkways appurtenant to any <br />railroad spur track(s) on or serving the Premises, free and clear from any substance which might create a <br />hazard. <br />B. Lessee shall not permit any sign on the Premises, except signs relating to Lessee's <br />business. <br />C. If any improvement on the Premises other than the Lessor Improvements is damaged or <br />destroyed by fire or other casualty, Lessee shall, within thirty (30) days after such casualty, remove all <br />debris resulting therefrom. If Lessee fails to do so, Lessor may remove such debris, and Lessee agrees to <br />reimburse Lessor for all expenses incurred within thirty (30) days after rendition of Lessor's bill. <br />D. Lessee shall comply with all governmental laws, ordinances, rules, regulations and arders <br />relating to Lessee's use of the Premises and this Lease, including, without limitation, any requirements for <br />subdividing or platting the Premises. <br />Section 7. HAZARDOUS MATERIALS SUBSTANCES AND WASTES. <br />A. Without the prior written consent of Lessor, Lessee shall not use or permit the use of the <br />Premises for the generation, use, treatment, manufacture, production, storage or recycling of any <br />Hazardous Substances, except that Lessee may use, if lawful, small quantities of common chemicals such <br />as adhesives, lubricants and cleaning fluids in order to conduct business at the Premises. The consent of <br />Lessor may be withheld by Lessor for any reason whatsoever, and may be subject to conditions in <br />addition to those set forth below. It shall be the sole responsibility of Lessee to determine whether or not <br />a contemplated use of the Premises is a Hazardous Substance use. <br />B. In no event shall Lessee (i) release, discharge or dispose of any Hazardous Substances, <br />(ii) bring any hazardous wastes as defined in RCRA onto the Premises, (iii) install or use on the Premises <br />any underground storage tanks, or (iv) store any Hazardous Substances within one hundred feet (100') of <br />the center line of any main track. <br />C. If Lessee uses or permits the use of the Premises for a Hazardous Substance use, with or <br />without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identification numbers and <br />notices issued by governmental agencies in connection with such Hazardous Substance use, together with <br />such other information on the Hazardous Substance use as may be requested by Lessor. If requested by <br />Lessor, Lessee shall cause to be performed an environmental assessment of the Premises upon <br />termination of the Lease and shall furnish Lessor a copy of such report, at Lessee's sole cost and expense. <br />D. Without limitation of the provisions of Section 12 of this Exhibit B, Lessee shall be <br />responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any manner to <br />any Hazardous Substance use of the Premises (or any property in proximity to the Premises) during the <br />
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