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Agmt95 Fair Oaks Library-SM Cou
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Agmt95 Fair Oaks Library-SM Cou
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Last modified
7/5/2005 2:31:09 PM
Creation date
11/8/2004 9:25:09 AM
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Template:
Agreement
Contractor Name
San Mateo County
PROJECT NAME
Fair Oaks Library agreement
RMP File Number
304
Date
6/6/1995
Reso Ref
12435
Box
5860
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<br /> Page 14 <br /> PART IV <br /> GENERAL PROVISIONS <br />1, INITIAL TERM: EXTENSION. (i) Initial Term. The initial term of this Agreement shall commence <br />upon the reference date first hereinabove written and continue in effect as long as both Parcels are <br />used for community serving facilities, but in any event the term of the Agreement shall be no longer <br />than thirty (30) years from the date first hereinabove written, <br />(ii) Extension. Provided the Library space is not needed by the County for a County facility <br />or for a County-related facility, City may, at City's option, notify County in writing at any time during <br />the twenty-sixth (26th) year of the initial term to propose a renewal of the Agreement and extension <br />of the term, not to exceed an additional thirty (30) years. Upon receipt of said proposal, the parties <br />shall meet and confer regarding the terms and conditions of such renewal and extension; provided, <br />that nothing herein contained shall be deemed to preclude the parties from agreeing upon the same <br />terms and conditions herein contained, excluding, however, the provision of Part III, Paragraph 5 <br />(Reimbursement for Cost of Remodeling) and Part III, Paragraph 6 (Increased Contribution to City <br />by County for Operation of Library), Such revised terms and conditions shall be set forth in an <br />amendment or supplement hereto, which shall be approved and executed in the same manner as <br />this Agreement. <br />(iii) Contingent Right of First Refusal. In the event that the parties are unable to agree upon <br />the terms and conditions of a renewal and extension of the Agreement pursuant to (ii) above, and <br />the further event that County agrees with Another Party (hereinafter defined) to lease, license, or <br />otherwise provide for the possession of the Library space from and after the expiration of the initial <br />term, City shall have the right and option to agree to the same terms and conditions and, upon <br />exercising said option, City and County shall enter into an agreement hereto incorporating said terms <br />and conditions, and thereupon City shall remain in possession of said Library pursuant to said <br />agreement, supplement or amendment. <br />"Another Party" shall include any person, corporation, partnership, association, or other entity <br />not a party hereto. An entity which provides County-related services under contract with County is <br />considered, for the purpose of this agreement, to be a unit of the County rather than "Another Party." <br /> Rwe HSA/Library Agreement - Part IV <br /> "_.~...,...... <br />
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