AG 2012 04 16 - Laserfiche WebLink

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TERMS ARTICLE 1. RIGHT OF ACCESS Section 1.01 JBI hereby grants and conveys to the County a non - exclusive, perpetual vehicular, equipment and pedestrian access into, and across the Washington Square Apartments, Property for the purpose of allowing the County to construct, maintain and repair the retaining wall depicted in Exhibit B. Section 1.02 Unless otherwise stated, the right of access set forth in this Article I shall be non - exclusive into perpetuity, running with the land, for the benefit of and as an appurtenance to the Sheriff's Administration and Detention Property and binding upon the Washington Square Apartments Property. The County may delegate the right to share its access rights hereunder to its officers, agents, contractors and employees. Section 1.03 The County shall acquire only the limited rights to use the Washington Square Apartments Property as set forth herein. Subject to and consistent with the access right and other rights herein created, JBI shall retain ownership and control of the burdened property. All authorized users of the Washington Square Apartments Property shall be treated consistently and without discrimination and no charges or fees shall be imposed. ARTICLE IL CONSTRUCTION Section 2.01 As a precondition to the exercise of any right granted by this Agreement to do any construction, (a) the plans and specifications for such construction, (b) the contractors to perform such work; and (c) the specific location of the facilities to be constructed shall all be made available to JBI. Section 2.02 The County agrees to: (a) cause all such construction to be in a good and workmanlike manner, uninterrupted, except for normal interruptions of weather, strikes, material shortages, etc., until it shall have been completed in accordance with the approved plans and specifications; (b) promptly after completion of such construction, to repair any portion of the Washington Square Apartments Property affected by such construction and /or shall take such other reasonable actions as may be necessary or appropriate to restore such affected portions of such property to the condition of such portions immediately prior to the commencement of such construction; (c) promptly after completion of such construction, cause to be prepared and delivered to JBI a copy of an as -built survey showing the exact location of the retaining wall, and (d) maintain and repair the retaining wall so long as it shall exist. Section 2.03 The County hereby agrees to defend, indemnify and hold harmless JBI from and against any and all claims, costs, expenses, damages, and liabilities that it may incur as a result of any and all acts and omissions of the County, in connection with the use or exercise of any and all rights granted by this Agreement. ARTICLE III. MAINTENANCE AND OPERATIONS Section 3.01 Access Area Cleaning. The County shall, at its expense, keep the access area in a clean and neat condition at all times during its use of same. Attachment number 1 F -2 Page 58