04-07-26 City Council Meeting Packet

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2LA515\146\1008785.v2 conducting such investigations, tests, measurements, and assessments as may be desired by the City. In the event of an emergency constituting a danger to life, health, safety, or property, the City may enter the Leased Premises at any given time without the consent of or notice to the Tenant. 7.Tenant Obligations. The Tenant shall be responsible for paying or doing the following: A.The Tenant shall use the Leased Premises for agricultural purposes only, which includes farming and cultivation. The production of corn as a crop is permitted on the Leased Premises, provided that the production of such crop does not damage the Leased Premises due to excessive runoff or erosion. During farming operations, the Tenant must fertilize and lime the soil on the Leased Premises in order to keep the proper elements in the soil and at a proper pH for crop production. The Tenant also agrees to only use corn roundup so that the Leased Premises may be used in the future for turf by the City. The Tenant shall not use any other herbicides that will have any residual carry over effect on the Leased Premises or any other properties or bodies of water that are in the vicinity of the Leased Premises. The Tenant shall not keep any farm animals, livestock, or poultry on the Leased Premises. The Tenant agrees to use normal and customary farming practices in the care and maintenance of the Leased Premises and, without limiting normal practices, keep the Leased Premises free of noxious weeds to the greatest extent possible; B.The Tenant agrees that throughout the term of this Lease, the Tenant shall not use the Leased Premises for the storage, handling, transportation, or disposal of any Hazardous Substances. “Hazardous Substances” for purposes of this Lease shall be interpreted broadly to include, but not be limited to, any material or substance that is defined, regulated, or classified under any Environmental Law or other applicable federal, state, or local laws and the regulations promulgated thereunder as: (i) a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 (14), the Federal Water Pollution Control Act, 33 U.S.C. §1321(14), as now or hereafter amended; (ii) a “hazardous waste” pursuant to Section 1004 or Section 3001 of the Resource Conservation and Recovery Act, 42 U.S.C. §§6903(5) , 6921, as now or hereafter amended; (iii) toxic pollutant under Section 307(a)(1) of the Federal Water Pollution Control Act, 33 U.S.C. §1317(a)(1) as now or hereafter amended; (iv) a “hazardous air pollutant” under Section 112 of the Clean Air Act, 42 U.S.C. §7412(a)(6), as now or hereafter amended; (v) a “hazardous material” under the Hazardous Materials Transportation Uniform Safety Act of 1990, 49 U.S.C. §5102(2), as now or hereafter amended; (vi) toxic or hazardous pursuant to regulations promulgated now or hereafter under the aforementioned laws or any state or local counterpart to any of the aforementioned laws; or (vii) presenting a risk to human health or the environment under other applicable federal, state or local laws, ordinances or regulations, as now or as may be passed or promulgated in the future. “Hazardous Substances” shall also mean any substance that after release into the environment or upon exposure, ingestion, inhalation, or