Resolution 5871 - Laserfiche WebLink

(iv) the Shelter Lease, if required; the Public Works Yard Lease, if required; the City Works Easement; and the 41st Street Overpass Easement; (v) the Licenses for Use of City Property granted to Atkinson-CH2M Hill and to KLB Construction, Inc. related to the 1-5 HOV Project (the "Contractor Licenses"), which shall be assigned to OM by the City and assumed by OM at Closing; (vi) matters appearing as printed form general exceptions on the Title Commitment; (vii) this Agreement, including any Memoranda of this Agreement recorded pursuant to Section 19.13. 3.5 Animal Shelter The Parties acknowledge that the City currently operates an animal shelter (the "Shelter") on a portion of the City Property as and where generally depicted on the Property Map. The City agrees, conditioned on OM acquiring the City Property at Closing and subject to Development Review, to relocate the Shelter operations, remove its personal property and demolish the shelter and all related structures as soon as reasonably possible, but no later than the first anniversary of the final Closing Date, unless such time period is otherwise extended in writing by OM, all at no cost, expense or liability to OM; provided, however, OM agrees to grant such an extension if access to the Shelter property is not required to satisfy an obligation to a third party, in which event the extension shall continue for a reasonable period of time thereafter but in no event later than the earlier of June 30, 2009 or such time as access to the Shelter property is actually required by OM to comply with a third party obligation. OM agrees to enter into a lease with the City at Closing to permit the City to continue to operate the Shelter, without the payment of rent but with an obligation to pay for all taxes, insurance (which insurance shall include OM, its agents, employees, contractors and consultants as additional insureds), utilities and other operational costs, until the Shelter is relocated by the City as provided herein (the "Shelter Lease"). The Shelter Lease will be substantially in the form and pursuant to the terms set forth in Exhibit E-1 attached hereto. 3.6 Public Works Yard The Parties acknowledge that the City also currently uses a portion of the City Property as and where generally depicted on the Property Map as a storage and staging area for certain equipment and other personal property items (the "Public Works Yard"). If the City has not vacated the Public Works Yard by the Closing Date, the City agrees to relocate the equipment and other personal property items on the Public Works Yard as soon as reasonably possible after Closing, but no later than September 28, 2007, and OM agrees to enter into a lease with the City at Closing to permit the City to continue to use the Public Works Yard, without the payment of rent but with an obligation to pay for all taxes, insurance (which insurance shall include OM, its agents, employees, contractors and consultants as additional insureds), utilities and other operational costs, until the Public Works Yard is vacated by the City as provided herein (the "Public Works Yard Lease"). The Public Works Yard Lease will be substantially in the form and pursuant to the terms set forth in Exhibit E-2 attached hereto. -7- 06107-0063'I LGA L.I 3023969 1