AgdaPkt 2010-11-22 clsd and regular

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(iii) the date, if ever, that City and County execute and deliver the Assignment • and Assumption Agreement. C. To the extent permitted under the Option Agreements, City agrees to provide County with copies of all studies, reports, contracts and any other documents pertaining to the Woodhouse Industrial Park Property that City receives from the owners of the Woodhouse Industrial Park Property. City makes no representations or warranties regarding the accuracy or completeness of any such documents, and County shall rely on its own independent assessment of such documents and all other matters pertaining to its decision to acquire the Woodhouse Industrial Park Property. D. At County's expense, City shall collaborate and cooperate with the County during the feasibility period under the Option Agreements, during the County's deliberations and considerations of the use of the Woodhouse Industrial Park Property for the site of the Replacement Jail Project, and during the planning and construction of the Replacement Jail Project should the Woodhouse Industrial Park Property be used for the Replacement Jail Project site. • E. Subject to compliance with all applicable State and local laws, City on it's own accord shall expeditiously review and consider for approval the vacation of all of City's interest and rights in the Chemical Way right-of-way, as required and appropriate to facilitate the proposed development of the Replacement Jail Project, at no cost to County. City may condition the effectiveness of the Chemical Way vacation upon County's acquisition of fee title to the Woodhouse • Industrial Park Properly, the termination or expiration of all tenancies and relocation of all occupants from the Woodhouse Industrial Park Property, County's initiation of demolition activities with respect to the existing improvements, and County obtaining approval from applicable agencies and utility providers of plans for relocation or replacement of all utility conduits and facilities as may be required for County's use of the Woodhouse Industrial Park Property. Upon City's approval of the Chemical Way right-of-way vacation and satisfaction of all conditions on the effectiveness of such vacation, the City's • interest in the right-of-way shall revert to the County, as owner of the Woodhouse Industrial Park Property. City's consideration of such right-of-way vacation shall occur as soon as possible following the Effective Date. To the extent necessary to accommodate development of the Replacement Jail Project or uses ancillary to the Replacement Jail Project, or other public use of the Woodhouse Industrial Park Property by the County, City shall also cooperate with County to relocate any City public utility easements that may be located on, under or about the Woodhouse Industrial Park Property. County shall be obligated to pay or reimburse City all costs associated with such utility easement relocations. In addition, as soon as possible following the Effective Date, City shall convey or caused to be conveyed to County the two City-owned parcels generally described as the approximately 1'-wide strips of land fronting the 20 and 80 Chemical Way properties and running the entire length of Maple Street, designated as APN's 052-392-230 and 052-392-180 (collectively, the "City- Owned Strips") for use in connection with the Replacement Jail Project, or uses ancillary to the Replacement Jail Project, or other public use of the Woodhouse Industrial Park Property by the County. The deed for conveyance of the City- • Owned Strips shall include a reverter clause in favor of City in the event the C:\Documents and Settings\jherren\Local Settings\Temporary Internet Files\Content.Outlook�XS2481JT�2010 128 Chemical Way MOU (2).doc 4