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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 5 <br /> shall also include an updated construction schedule with sufficient detail to <br /> inform CITY of the estimated duration of usage of the temporary by-pass road, <br /> which duration shall in no event go beyond the Expiration Date of this <br /> Agreement. <br /> AUTHORITY shall not use Area 1 or Area 2 for any other purposes without first <br /> obtaining CITY's written consent. <br /> B. Alterations. AUTHORITY may place and install certain facilities in and upon the <br /> City Property as follows (collectively, "Permitted Facilities"): <br /> 1) Area 1 Facilities. AUTHORITY may place, locate, re-locate or install soils <br /> (including, without limitation, bentonite and other products associated with <br /> microtunneling and open-cut trench construction techniques), building <br /> materials, supplies, lumber, aggregates, structural steel, sheet piles, pipes, <br /> tools, equipment, vehicles, construction trailers, temporary sanitary facilities, <br /> machinery and appliances and such other objects and things that are <br /> necessary or convenient for the construction of Authority's Project. <br /> 2) Area 2 Facilities. AUTHORITY may place or install temporary <br /> barricades/fencing, detour route signage and temporary asphalt concrete (and <br /> other facilities noted on Sheet C502 of Authority's Project Unit 1 Construction <br /> Plan Sheet). <br /> Except with CITY's prior written consent, which CITY shall provide in the exercise <br /> of reasonable discretion, AUTHORITY shall not make any alterations, additions, <br /> improvements or other changes (collectively, "Alterations") on or within the City <br /> Property. If such consent is secured from CITY, all such Alterations shall be made <br /> in accordance with all applicable Laws, in a good and workmanlike manner, and <br /> at the sole cost and expense of AUTHORITY. Upon expiration of the Term <br /> (hereinafter defined) or earlier termination of this Agreement, at CITY's request, <br /> AUTHORITY shall remove all Alterations, if any. No compensation shall be owed <br /> to AUTHORITY for any Alterations made by AUTHORITY to the City Property. Any <br /> damage caused by the installation or removal of Alterations shall be repaired by <br /> AUTHORITY at its sole cost and expense, to the reasonable satisfaction of City's <br /> City Manager. <br /> C. Subiect to CITY Uses. The permission granted to AUTHORITY hereunder is <br /> non-exclusive and CITY hereby reserves the right to use the City Property in <br /> common with AUTHORITY; provided, that CITY's use shall be compatible with <br /> AUTHORITY's use and shall not interfere with AUTHORITY's use existing at the <br /> time CITY proposes to exercise its common use. City shall provide Authority not <br /> less than thirty (30) days' advance written notice of such intended common use <br /> and shall reasonably accommodate any terms and conditions requested by <br /> AUTHORITY with regard to CITY's intended common use. <br /> ATTY/AGR/2013.061/SBSA LICENSE AGREEMENT <br /> REV: 07-10-13 VR <br /> Page 3 of 13 <br />
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