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2008/03/19 Council Agenda Packet
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2008/03/19 Council Agenda Packet
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Council Agenda Packet
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3/19/2008
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• <br /> 5 <br /> a dispute resolution process consistent with the process described in Section 4 of the <br /> Memorandum of Understanding for Environmental Management of the Riverside <br /> Property dated December 29, 2005 ("MOU"). <br /> 6. Right of Access <br /> In consideration of the financial contributions and the covenants described in this <br /> agreement, each Party will provide reasonable access upon adequate notice to the other <br /> Party for the purpose of construction, monitoring, inspection of conditions or other issues <br /> related to this Agreement or operation of the stormwater system. <br /> 7. Term and Effective Date <br /> This Agreement shall be effective as of the date of its execution by the Party that <br /> is the last to sign the Agreement and shall remain in effect until any of the properties <br /> under this Agreement change ownership, or unless earlier terminated as provided in <br /> Section 8. If K-C were to re-acquire any of the Riverside properties owned by the City, <br /> K-C's rights and obligations under this Agreement would be the same as for any other <br /> Riverside properties owned by K-C. If the City acquires the K-C properties, this <br /> Agreement shall terminate. However, change in ownership shall not automatically <br /> terminate this Agreement. This Agreement may be assumed by or assigned to a new <br /> property owner(not one of the Parties), in which case it shall not terminate.. <br /> 8. Termination <br /> This Agreement may be terminated at the end of a calendar year by written notice <br /> from one Party delivered by regular mail to the other Party's contact person at the address <br /> set forth below at least sixty (60) days prior to the end of a calendar year; provided, <br /> however, that termination shall not affect either Party's obligation to pay its share of the <br /> capital costs, as specified in Section 3, for Tightline improvements that have been agreed <br /> to by the Management Committee, which obligation shall survive termination. <br /> 9. Environmental compliance during operation <br /> The Riverside Stormwater Maintenance Plan at Exhibit B shall include guidelines <br /> that minimize impacts on operations and provide environmental compliance. If any <br /> operation causes non-compliance with environmental laws or regulations or exacerbates <br /> conditions that could subject either Party to adverse regulatory action or liability, or <br /> 2 <br /> 8 <br />
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