WS - D - Land Lease - City of Tiffin - Iowa Interstate Railroad

CITY is responsible for obtaining all certificates, permits, or licenses or fulfilling any requirement relating to its use as required by any local, state, or federal governmental authorities. CITY is responsible for taking any actions necessary to comply with any laws that may regulate the use of the Premises by CITY. 5.01 Property Ownership. Nothing in this Lease Agreement shall be construed as divesting RAILROAD of ownership in the Premises. 5.02 Tariffs. N/A 5.03 Switching Rate Limitation. N/A 5.04 Switching Restriction. N/A Article VI Hazardous Materials and Storm Water 6.0 CITY agrees that it shall not use, store, dispose, or keep or allow any other person to use, store or keep, in any quantity or amount whatsoever, on or within the Premises during the term of this Lease Agreement, any Hazardous Materials (as hereinafter defined) or any article or material of any kind which is of an explosive, combustible or flammable nature, without the express written consent of RAILROAD. "Hazardous Material," means any substance that is toxic, ignitable, reactive, corrosive, or is regulated by federal, state or local law or regulation. "Hazardous Material" includes any and all material or substances that are defined as “hazardous chemicals,” “hazardous substances,” “hazardous materials,” “toxic substances,” or "hazardous waste" pursuant to state, federal, and local law or regulation laws. If CITY causes or permits the presence of any Hazardous Material on the Premises, whether or not permitted by RAILROAD, that results in contamination, CITY shall promptly, at its sole expense, take any and all necessary actions to return the Premises to its condition existing prior to any such contamination, but CITY shall first obtain RAILROAD’s approval for any such action, except such prior approval shall not be required in emergency situations or those requiring immediate action. 6.01 Storm Water Pollution Prevention Plan. If required by law, regulation, or otherwise CITY shall prepare Storm Water Pollution Prevention Plans (“SWPPP”) for the Premises and assumes those duties and obligations related to the SWPPP. Copies of any SWPPP shall be 4