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i I <br /> 6.1 I <br /> Page 8 <br /> (iii) the date, if ever, that City and County execute and deliver the Assignment <br /> and Assumption Agreement. <br /> C. To the extent permitted under the Option Agreements, City agrees to provide <br /> County with copies of all studies, reports, contracts and any other documents <br /> pertaining to the Woodhouse Industrial Park Property that City receives from the <br /> owners of the Woodhouse Industrial Park Property. City makes no <br /> representations or warranties regarding the accuracy or completeness of any <br /> such documents, and County shall rely on its own independent assessment of <br /> such documents and all other matters pertaining to its decision to acquire the <br /> Woodhouse Industrial Park Property. <br /> D. At County's expense, City shall collaborate and cooperate with the County during <br /> the feasibility period under the Option Agreements, during the County's <br /> deliberations and considerations of the use of the Woodhouse Industrial Park <br /> Property for the site of the Replacement Jail Project, and during the planning and <br /> construction of the Replacement Jail Project should the Woodhouse Industrial <br /> Park Property be used for the Replacement Jail Project site. <br /> E. Provided County consummates the purchase of the Woodhouse Industrial Park <br /> Property, and subject to compliance with all applicable State and local laws, City <br /> shall expeditiously review and act on the County's application for the City to <br /> vacate all of City's interest and rights in the Chemical Way right-of-way, as <br /> required and appropriate to facilitate the proposed development of the <br /> Replacement Jail Project, at no cost to County. The City Council and Planning <br /> Commission reserve full and complete discretion with respect to any findings that <br /> must be made in connection with the proposed vacation. If the right-of-way <br /> vacation is appraved by City, then at the time of such approval, the City's interest <br /> in the right-of-way shall revert to the County, as owner of the Woodhouse <br /> Industrial Park Property. City's consideration of such right-of-way vacation shall <br /> occur following the closing of County's acquisition of the Woodhouse Industrial <br /> Park Property and an application for such vacation, at a time to be determined <br /> based on the County's planning and development schedules. To the extent <br /> necessary to accommodate development of the Replacement Jail Project, City <br /> shall also cooperate with County to relocate any City public utility easements that <br /> may be located on, under or about the Woodhouse Industrial Park Property. <br /> County shall be obligated to pay or reimburse City all costs associated with such <br /> utility easement relocations. In addition, to the extent necessary to <br /> accommodate development of the Replacement Jail Project, and subject to <br /> compliance with all applicable State and local laws, City shall convey to County <br /> the two City-owned parcels generally described as the approximately 1'-wide <br /> strips of land fronting the 20 and 80 Chemical Way properties and running the <br /> entire length of Maple Street, designated as APN's 052-392-230 and 052-392- <br /> 180 (collectively, the "City-Owned Strips"). <br /> SECTION 3: TERM <br /> This MOU shall commence on the Effective Date and shall terminate upon either (1) <br /> ' City's receipt of a notice of termination as provided in Section 1.D (ii) above, or (2) City's <br /> receipt of the County-executed Assignment and Assumption Agreement, as provided in <br /> Section 1.D (i) above. In the event County delivers the County-executed Assignment <br /> S:1AGR1201012010. 128 Chemical Way MOU.doc 4 <br /> � <br />