Agmt05 San Mateo, County of - Courthouse

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construction of public improvements or the installation and maintenance of landscaping on County property necessary to implement this Cooperative Agreement, or as necessary for the long term operation and maintenance of the Easement Area. The County agrees that the City shall, as between the Parties, have all rights and/or obligations regarding the issuance or obtaining of rights, approvals or entitlements to do the work or perform the services as set forth in this Cooperative Agreement. The County agrees that construction in accordance with the City's codes and regulations, and all applicable State and Federal laws, codes and regulations, shall constitute compliance with the County's rules, regulations, ordinances and/or resolutions. The City will undertake all required environmental review and approvals and shall be considered the lead agency for that purpose. 2.6 The Parties acknowledge that utilities, including electrical, water and sewer, must be provided to the Courthouse Square by the City. All of the utilities to the Courthouse Square shall be installed by the City as independent service to the Courthouse Square, and shall be separately metered. The City shall pay the cost of such installation and during the Term shall pay the charges for such separately metered service to the Courthouse Square as such charges become due. 2.7 The Parties acknowledge that the County is in the process of renegotiating the County Museum Lease, the term of which is intended to closely parallel this Cooperative Agreement. In the event that the County Museum ceases to operate in the Courthouse, the Parties acknowledge that the County may utilize the Courthouse for other County purposes, subject to the provisions of Section 2.2 hereof. In the event that the County determines to permit the use of the Courthouse for non-County purposes, the County agrees that the City will be afforded the first opportunity for the use of the Courthouse, on terms agreeable to the Parties. In the event that the City does not exercise this right and the County subsequently receives an offer to use the Courthouse for a non-County use, the City will be afforded a right of first refusal to utilize the Courthouse on the same terms and conditions. Notice of any such third party use shall be given by the County to the City in accordance with Section 9 of this Cooperative Agreement and the City shall then have 60 days to exercise its right of first refusal. Section 3. Maintenance Obligations. 3.1 Upon completion of the Project, the City will, at its own expense, manage, operate, maintain and repair the Easement Area for the Term. 3.2 The County will continue to have responsibility for the maintenance and repair of all portions of the Courthouse Block which are not included in the Easement Area, including, without limitation, the exterior and interior of the Courthouse (including the restored façade, subject to Section 3.2.1), the North Armex and the parking lot. Nothing contained in this Cooperative Agreement shall be interpreted as imposing on the City any of the County's obligations under the County Museum Lease. 3.2.1 The County will be responsible for the maintenance and repair of the restored Courthouse façade only when the work to be performed by the City has been completed, including punch list items, and accepted in writing by the County ("Final Acceptance"). In REDW\OO07\DOC\001-13 FINAL Atty/ Agr/2005.006 042605 6 ...~...... -'-""-"-""'-~-'---T"'-.---'--"-'-'-"- .