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AgdaPkt 2013-07-22
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AgdaPkt 2013-07-22
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Last modified
8/23/2013 5:12:30 PM
Creation date
7/19/2013 3:15:07 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
7/22/2013
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6.1.G. - Page 4 <br /> Nothing in this Agreement shall be construed as granting or creating any franchise rights <br /> pursuant to any federal, state or local laws. <br /> THE PRIVILEGE GIVEN TO AUTHORITY UNDER THIS AGREEMENT IS EFFECTIVE <br /> ONLY INSOFAR AS THE RIGHTS OF CITY IN THE CITY PROPERTY ARE <br /> CONCERNED, AND AUTHORITY SHALL OBTAIN ANY FURTHER PERMISSION <br /> NECESSITATED BY ANY EXISTING RIGHTS AFFECTING THE CITY PROPERTY. <br /> WITHOUT LIMITING THE FOREGOING, THIS AGREEMENT IS SUBJECT AND <br /> SUBORDINATE TO ALL EXISTING DOCUMENTS AND INSTRUMENTS OF RECORD <br /> AFFECTING THE CITY PROPERTY. AUTHORITY MUST SECURE ALL ADDITIONAL <br /> NECESSARY APPROVALS, PERMITS AND CONSENTS, AND DELIVER ALL <br /> NECESSARY NOTICES, BEFORE COMMENCING ACTIVITIES IN THE CITY <br /> PROPERTY, INCLUDING ANY APPROVALS, PERMITS, CONSENTS OR NOTICES <br /> REQUIRED FROM OR TO CITY OR ANY OTHER AGENCY. AUTHORITY <br /> COVENANTS AND AGREES, FOR THE BENEFIT OF CITY, THAT AUTHORITY SHALL <br /> FULLY COMPLY WITH THE TERMS AND CONDITIONS OF ANY RULES AND <br /> REGULATIONS PROMULGATED BY CITY AS THEY APPLY TO ANY WORK OR <br /> ACTIVITIES TO BE PERFORMED OR FACILITIES TO BE INSTALLED BYAUTHORITY <br /> ON THE CITY PROPERTY PURSUANT TO THIS AGREEMENT, AND CITY SHALL <br /> HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND WITH RESPECT THERETO. <br /> AUTHORITY ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY OF <br /> ITS AGENTS HAVE MADE, AND CITY HEREBY DISCLAIMS, ANY <br /> REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING <br /> THE PRESENT OR FUTURE SUITABILITY OF THE CITY PROPERTY FOR <br /> AUTHORITY'S INTENDED USE THEREOF. <br /> 2. Authorized Activities on Citv Propertv <br /> A. Authorized Activities. AUTHORITY may enter upon and use the City Property <br /> for the following purposes (collectively, "Activities"): <br /> 1) Area 1 Activities. AUTHORITY may enter upon and use Area 1 of the City <br /> Property (as depicted in Exhibit "A") for construction Contractor staging <br /> purposes, including, without limitation, depositing, storing, stockpiling, <br /> removing, transporting and relocating soils (including, without limitation, <br /> bentonite and other products associated with microtunneling and open-cut <br /> trench construction techniques), building materials, supplies, lumber, <br /> aggregates, structural steel, sheet piles, pipes, tools, equipment, vehicles, <br /> construction trailers, temporary sanitary facilities, machinery and appliances <br /> and conducting such other activities that are necessary or convenient for the <br /> construction of Authority's Project. <br /> 2) Area 2 Activities. AUTHORITY may enter upon and use Area 2 of the City <br /> Property (as depicted in Exhibit "A") for a temporary relocated public by-pass <br /> road while a portion of Maple Street is closed to vehicular and pedestrian use <br /> during construction of Authority's Project. AUTHORITY shall provide CITY with <br /> 10 days' advance written notice of the commencement of such use. The notice <br /> ATTY/AGR/2013.061/SBSA LICENSE AGREEMENT <br /> REV: 07-10-13 VR <br /> Page 2 of 13 <br />
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