2017/07/26 Council Agenda Packet

B. Administration. The Director of Public Works or his or her designee (the "Director") shall administer the provisions of this Ordinance. Section 2. Compensation to City. As compensation to the City for the permissions granted under this Ordinance, Lynch shall pay to the City a one-time payment in the amount of twenty one thousand six hundred dollars ($21,600.00) (the"One-Time Fee"). Lynch shall pay the One-Time Fee within sixty(60) days after the City Council's adoption of this Ordinance. Section 3. Term. The permissions granted to Lynch are effective as of the effective date of this Ordinance and expire twenty five(25) years thereafter,unless terminated earlier pursuant to the provisions of this Ordinance. Section 4. Use of Right-of-Way. All use of the Covered Walkway and all permissions granted under this Ordinance are at all times subject to the right of the City to use right-of-ways (including without limitation Wetmore Avenue and California Street) for public travel,utilities, and other public purposes. All use of the Covered Walkway and all permissions granted under this Ordinance shall be in a manner that minimizes interference with the use by the City and the public of City rights-of-way. Lynch shall at its sole expense confouu to all applicable laws, regulations,permits or requirements of any public authority affecting the use of the Covered Walkway. Upon request, Lynch shall deliver to the City copies of any such permits. Section 5. Protection of Utilities. Lynch shall pay all costs of any protection, support or relocation of existing utilities deemed necessary by the owners of utilities affected by operation and maintenance of the Covered Walkway. Lynch is solely responsible for any damage to any utilities due to the maintenance and operation of the Covered Walkway. Section 6. Conflict with Future Installations of the City. A. Interference Notice. If the City Council determines by ordinance that the space occupied by the Covered Walkway is necessary for any public use and benefit and that the Covered Walkway interferes with such public use and benefit,then the City shall deliver notice thereof to Lynch(the "Interference Notice"). The City shall deliver the Interference Notice to Lynch together with preliminary plans and specifications that identify the potential interference. The City shall deliver the Interference Notice no less than three (3)months prior to the scheduled commencement of the City's proposed improvement, alteration or use. B. Lynch Election. Within ninety(90) days after delivery of the Interference Notice (the "Election Period"), Lynch shall elect to either(1)modify,relocate or remove the Covered Walkway improvements at Lynch' sole expense, so as to remove the interference to the 32