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Agmt22 County of San Mateo 1548 Maple, LLC Right of Entry (County City Remainder)
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Agmt22 County of San Mateo 1548 Maple, LLC Right of Entry (County City Remainder)
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Last modified
3/29/2022 12:14:59 PM
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3/29/2022 12:14:51 PM
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Agreement
Contractor Name
County of San Mateo
PROJECT NAME
County City Remainder
Date
1/24/2022
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Page 3 of 8 <br />ATTY/AGR/2022.014.06/TRI-PARTY AGREEMENT <br />REV: 01-25-2022 VR <br />Developer - City Remainder License, and the City’s rights to use the Temporary <br />Roadway, including the right of ingress and egressfor invitees to the Pump Station, <br />Existing County Shelter, Police Station (but not the general public), all as further <br />described in this License and the Developer - City Remainder License. <br />(c) Owner further hereby grants to County, its employees, consultants, <br />representatives and contractors, an exclusive temporary license (“Temporary <br />Construction License”), over the County City Remainder Laydown License Area, <br />solely for temporary construction-related vehicle parking, laydown storage and <br />staging in connection with County’s development and construction of the <br />Navigation Center. <br />(d) The Roadway Activities and Temporary Construction License activities are <br />collectively referred to as the “County Activities”. County agrees that, without <br />the written consent of the Owner, County shall not enter onto or conduct any <br />activities on any portion of the Temporary License Area except as permitted by this <br />License, and other agreements as may be entered into by Owner and County. <br />2.License Terms. <br />(a) This License shall become effective on the Exchange Closing (“Effective Date”), <br />and, unless sooner terminated by Owner following a default by County: <br />(i)The City Remainder Roadway License shall terminate on the sooner of (i) <br />Developer’s completion of utility installations between the BIAC and the <br />County Shelter and providing an acceptable alternative access roadway <br />within the Maple Street right of way between those two locations or (ii) July <br />1, 2025 (the “City Remainder Roadway License Term”); and <br />(ii) The Temporary Construction License shall end of (i) the date indicated in <br />a written notice from County that County no longer desires to use the <br />County City Remainder Laydown License Area, and that the Temporary <br />Construction License term will end on such date, or (ii) July 1, 2025 (the <br />“Temporary Construction License Term”and, together with the City <br />Remainder Roadway License Term, the “Term”). <br />(b) Prior to expiration of the City Remainder Roadway License Term or Temporary <br />Construction License Term, County shall remove all vehicles, equipment, <br />materials, fencing, debris and other items brought by County or any County Parties <br />(defined below) onto the City Remainder Roadway License Area or County City <br />Remainder Laydown License Area, as applicable, and restore such area to <br />substantially the condition existing at the commencement of the Term, reasonable <br />wear and tear (if any) excepted. <br />(c) Without limiting the foregoing, prior to expiration of the City Remainder Roadway <br />License Term or Temporary Construction License Term, County shall remove all <br />Hazardous Substances(as defined below), if any, brought ontothe City Remainder <br />Roadway License Area or County City Remainder Laydown License Area, as <br />applicable, by County or any County Parties (defined below), and shall dispose of <br />all such items in accordance with applicable laws.
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