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FLOOD CONTROL AND WATER
City of Pleasanton
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CITY CLERK
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LONG TERM AGREEMENT
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XYZ
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ZONE 7
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FLOOD CONTROL AND WATER
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1/31/2011 4:50:46 PM
Creation date
1/31/2006 10:48:12 AM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
1/23/2006
LONG TERM AGREEMENTS - NAME
ALAMEDA COUNTY FLOOD CONTROL
LONG TERM AGREEMENTS - TYPE
MISC AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06 (Long Term Agreements)
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
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<br />~ <br /> <br />without the express written permission of the Zone 7 General Manager. <br /> <br />b) Licensee shall not conduct any unauthorized activities on or about the <br />Zone 7 Property that constitute waste or nuisance. <br /> <br />c) Licensee shall not damage Zone 7's real or personal property. <br /> <br />d) Licensee shall not cause any Hazardous Material to be brought upon, <br />kept, used, stored, generated or disposed of in, on or about the Zone 7 <br />Property, or transported to or from the Zone 7 Property. <br /> <br />(i.) Licensee shall immediately notify Zone 7 of any release or <br />suspected release of Hazardous Material. Licensee shall comply with <br />all laws requiring notice of such releases or threatened releases to <br />governmental agencies, and shall take all action necessary to mitigate <br />the release or minimize the spread of contamination. In the event of a <br />release of Hazardous Material, Licensee shall, without cost to Zone 7 <br />and in accordance with all laws and regulations, return the Zone 7 <br />Property to the condition immediately prior to the release. Licensee <br />shall allow Zone 7 to participate in any discussion with governmental <br />agencies regarding any settlement agreement, cleanup or abatement <br />agreement, consent decree or other compromise proceeding involving <br />Hazardous Material. <br /> <br />(ii.) For purposes of this Agreement, "Hazardous Material" <br />includes, without limitation, the following: any material defined as <br />a "hazardous substance, pollutant or contaminant" pursuant to the <br />Comprehensive Environmental Response, Compensation and <br />Liability Act of 1980, as amended (42 U.S.C. Sections 9601 <br />et sea.), or pursuant to Section 25316 of the California Health & <br />Safety Code; a "hazardous waste" listed pursuant to Section 25140 <br />of the California Health & Safety Code; any asbestos and asbestos <br />containing materials; and any petroleum, including, without <br />limitation, crude oil or any fraction thereof, natural gas or natural <br />gas liquids. The term "release" or "threatened release" shall include <br />any actual or irnminent spilling, leaking, pumping, pouring, <br />emitting, emptying, discharging, injecting, escaping, leaching, <br />dumping, or disposing in, on, under or about the Zone 7 Property. <br /> <br />4. Subiect to Zone 7 Uses. Notwithstanding anything to the contrary in this <br />Agreement, Licensee's rights to use the Zone 7 Property hereunder shall <br />be subject and subordinate to Zone 7's necessary uses for municipal <br />purposes. It is understood and agreed by Licensee that the primary <br />purpose for which ZONE 7 has acquired and owns the Zone 7 Property . <br />is for water management and flood control and that operations in <br />furtherance of said purposes must take precedence over any and all other <br />uses of the subject Property. Use of the Property by Licensee shall be at <br />all times subject to the primary uses of the aforesaid Property for water <br />management and flood control purposes. <br />
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