Reso 2015-2371 - Laserfiche WebLink

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the sum of Three Hundred Thousand Dollars ($300,000.00) which shall be payable no later than March 15,2015. 3. Environmental Testing. Chateau Beach agrees to pay for all expenses associated with a Phase I Environmental test conducted by a firm hired by the City to conduct certain environmental testing of the "staging area" depicted in Exhibit "A" to the original License Agreement between the parties dated May 30, 2012. If the Environmental test reveals contamination caused, directly or indirectly, by Chateau Beach, its agents, employees, contractors or subcontractors, and requires remediation, Chateau Beach agrees to provide the City with a Five Hundred Thousand Dollars ($500,000.00) bond to ensure the Property is free and clear of any negative environmental conditions caused by Chateau Beach. The bond shall be returned to Chateau Beach within one year of transferring the staging area to the City if environmental problems are not detected by the City. In the event any negative environmental conditions, caused,directly or indirectly,by Chateau Beach,its agents,employees,contractors or subcontractors, are discovered following the termination of the License Agreement, as amended herein,then Chateau Beach shall be required indemnify,defend and hold harmless the City from any associated negative environmental clean-up fees and expenses. At the request of the City, Chateau Beach shall ensure that the construction fencing and landscaping currently used to designate the staging area remains upright and in place until removal by the City. The City agrees to accept the responsibility for removing the construction fence upon the termination or expiration of the License Agreement. 4. Term. Section 3 of the License Agreement is revised to reflect that the Term of the License Agreement expires on March 31, 2015 or upon the delivery to Chateau Beach subsequent to March 31, 2015 a letter from the City Manager or designee notifying Chateau Beach that it must vacate the staging area within fifteen(15)days of receipt of the letter. 5. Zoning Resolution. The City agrees to modify Zoning Resolution No. 12-Z-126 to delete the requirement that Chateau Beach install a decorative paver sidewalk in front on Samson Oceanfront Park. All other provisions of the original Zoning Resolution shall remain in full force and effect. 6. Default and Penalties. Section 17 of License Agreement is partially amended to reflect that the City may impose a Fifty Thousand Dollars ($50,000.00) per day penalty if Chateau Beach fails to vacate the staging area at the end of the Term as set forth in Section 4 above. Notwithstanding the foregoing, the City may extend the Term if the Environmental testing described in Section 3 above is not completed. The penalty discussed herein shall apply after the expiration of any extension period. 7. Other provisions remain in effect. Except as specifically modified herein, all terms and conditions of the original License Agreement between the parties dated May 30, 2012, attached hereto as Exhibit"A",shall remain in full force and effect. 8. Conflicting provisions. Any term, statement, requirement, or provision 4 contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent term,statement,requirement or provision contained in the original License Agreement between the parties,attached hereto as Exhibit"A". (�� Revised—FINAL 1/2/15