Agmt13 South Bayside System Authority (SBSA) License

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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 AUTHORITY UNDER THIS AGREEMENT IS EFFECTIVE ONLY INSOFAR AS THE RIGHTS OF CITY IN THE CITY PROPERTY ARE CONCERNED, AND AUTHORITY SHALL OBTAIN ANY FURTHER PERMISSION NECESSITATED BY ANY EXISTING RIGHTS AFFECTING THE CITY PROPERTY. WITHOUT LIMITING THE FOREGOING, THIS AGREEMENT IS SUBJECT AND SUBORDINATE TO ALL EXISTING DOCUMENTS AND INSTRUMENTS OF RECORD - AFFECTING THE CITY PROPERTY. AUTHORITY MUST SECURE ALL ADDITIONAL NECESSARY APPROVALS, PERMITS AND CONSENTS, AND DELIVER ALL NECESSARY NOTICES, BEFORE COMMENCING ACTIVITIES IN THE CITY PROPERTY, INCLUDING ANY APPROVALS, PERMITS, CONSENTS OR NOTICES REQUIRED FROM OR TO CITY OR ANY OTHER AGENCY. AUTHORITY COVENANTS AND AGREES, FOR THE BENEFIT OF CITY, THAT AUTHORITY 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 AUTHORITY ON THE CITY PROPERTY PURSUANT TO THIS AGREEMENT, AND CITY SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND WITH RESPECT THERETO. AUTHORITY 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 CITY PROPERTY FOR AUTHORITY'S INTENDED USE THEREOF. 2. Authorized Activities on City Property A. Authorized Activities. AUTHORITY may enter upon and use the City Property for the following purposes (collectively, "Activities "): 1) Area 1 Activities. AUTHORITY may enter upon and use Area 1 of the City Property (as depicted in Exhibit "A ") for construction Contractor staging - purposes, including, without limitation, depositing, storing, stockpiling, removing, transporting and relocating soils (including, without limitation, bentonite and other products associated with microtunneling and open -cut trench construction techniques), building materials, supplies, lumber, aggregates, structural steel, sheet piles, pipes, tools, equipment, vehicles, construction trailers, temporary sanitary facilities, machinery and appliances and conducting such other activities that are necessary or convenient for the construction of Authority's Project. 2) Area 2 Activities. AUTHORITY may enter upon and use Area 2of the City Property (as depicted in Exhibit "A ") for a temporary relocated public by -pass road while a portion of Maple Street is closed to vehicular and pedestrian use during construction of Authority's Project. AUTHORITY shall provide CITY with 10 days' advance written notice of the commencement of such use. The notice ATfYIAGRI2013.0611SBSA LICENSE AGREEMENT REV: 07 -10 -13 VR Page 2 of 13