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HomeMy WebLinkAbout430 S COLLEGE AVE - CORRESPONDENCE - 1/28/2005 (4)will also conduct a "reconnaissance level'$ investigation of the possibility of the existence of other undergrouand storage tanks which may be located on the site. If such additional underground storage tanks are found upon the Property, and have not been placed there by CSU, the City shall be responsible for their removal or, if not removed, for their environmental safety. (e) It is understood between the parties that water presently exists in the "sump pits" inside the Power Plant building. CSU agrees to test this water for contamination and if the water is found to be contaminated, the City will be responsible for its disposal, and any further testing and remediation as necessary to comply with any applicable laws. I:f the water is found not to be contaminated, CSU will be responsible for its disposal. (f) It is the City's desire to demolish the two (2) outbuildings located on the easterly portion of the Property. All costs and other responsibilities for such demolition and restoration of the site of the demolition activities to a safe condition will be borne by the City, and the City agrees to inspect such buildings for environmental concerns (including but not limited to asbestos and PCB contamination) prior to any demolition of said buildings, and to comply with applicable laws in the removal and disposal of any contamination. (g) In the event that environmental contamination is found upon the Property during the term of this Lease, it is agreed that the City shall be responsible for the clean up of any such contaminant resulting from the City's use of the Property; and that CSU will be responsible for the clean up of any contaminant resulting from CSU's use or occupation of the Property, whether required by state or federal law or by the City whether pursuant to ordinance or as may be reasonably required by the City as lessor. In the event that environmental contamination is found upon the Property resulting from the City's use of the Property or from causes neither identifiable to the City nor CSU, and such contamination diminishes or impairs the ability of CSU to occupy the Property for its intended purposes, CSU shall have the right to summarily terminate the Lease and vacate the Property. Correspondingly, in such event, the City shall have the right to either perform such clean - 8 of 17 -