AgdaPkt 2012-04-09 - Laserfiche WebLink

Browse Search

6.1.A. - Page 5 "B" and incorporated herein by reference ("License Area"), for the limited purpose and subject to the terms, conditions and restrictions set forth below. This Agreement gives COUNTY a license only and notwithstanding anything to the contrary herein, this License does not constitute a grant by CITY of any ownership, leasehold, easement or other property interest or estate whatsoever in the License Area, or any portion thereof. Nothing in this Agreement shall be construed as granting or creating any franchise rights pursuant to any federal, state or local laws. THE PRIVILEGE GIVEN TO COUNTY UNDER THIS USE AGREEMENT IS EFFECTIVE ONLY INSOFAR AS THE RIGHTS OF CITY IN THE CITY PROPERTY ARE CONCERNED, AND COUNTY SHALL OBTAIN ANY FURTHER PERMISSION NECESSARY BECAUSE OF ANY OTHER EXISTING RIGHTS AFFECTING THE CITY PROPERTY. WITHOUT LIMITING THE FOREGOING, THIS LICENSE IS SUBJECT AND SUBORDINATE TO ALL EXISTING DOCUMENTS AND INSTRUMENTS OF RECORD AFFECTING THE CITY PROPERTY. COUNTY MUST SECURE ALL ADDITIONAL NECESSARY APPROVALS, PERMITS AND CONSENTS, AND DELIVER ALL NECESSARY NOTICES, BEFORE COMMENCING WORK OR ACTIVITIES IN THE LICENSE AREA, INCLUDING ANY APPROVALS, PERMITS, CONSENTS OR NOTICES REQUIRED FROM OR TO CITY OR ANY OTHER AGENCY. COUNTY COVENANTS AND AGREES, FOR THE BENEFIT OF CITY, THAT COUNTY SHALL FULLY COMPLY WITH THE TERMS AND CONDITIONS OF ANY RULES AND REGULATIONS PROMULGATED BY CITY AS THEY APPLY TO ANY WORK OR ACTIVITIES TO BE PERFORMED OR FACILITIES TO BE INSTALLED BY COUNTY ON THE PROPERTY PURSUANT TO THIS AGREEMENT, AND CITY SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND WITH RESPECT THERETO. COUNTY ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY OF ITS AGENTS HAVE MADE, AND CITY HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PRESENT OR FUTURE SUITABILITY OF THE LICENSE AREA FOR COUNTY'S INTENDED WORK, ACTIVITIES OR FACILITIES. 2. Approval of Plans and Specifications. COUNTY shall install the permitted facilities in accordance with plans and specifications (including drawings) approved in advance and in writing by CITY through the Use Permit process. The plans and specifications may be revised or amended only with prior written approval of CITY 3. License Fee A. As consideration for the grant of the License, COUNTY shall pay CITY a license fee in the amount of $ 1.00 per year ("License Fee"). Each annual installment of the License Fee shall be payable in advance, on or before the annual anniversary date of the effective date of this Agreement. License fees shall be payable to CITY at the address set forth in Section 19 below or at such other address as CITY may from time to time designate in writing. B. As additional consideration, COUNTY shall, and hereby agrees to, involve CITY in the design and development of the County jail facility. CITY shall designate a representative who may participate in all design and/or planning meetings or sessions relating to the County jail facility, including, without limitation, meetings and sessions held by the COUNTY, Sheriff's Department, and/or the entity selected to design and construct the proposed County jail facility. If the design and construction teams have not been selected at the time of execution of this Agreement, CITY shall be a voting member of the selection panel. In addition, CITY shall have approval ATTY/AGR/2012.008/COUNTY JAIL CEMEX SITE LICENSE AGREEMENT REV:02/01 /12 Page 2 of 16