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 -