RES 231354 - Laserfiche WebLink

the trail, the City shall be responsible for the removal of such graffiti. The City shall be responsible for notifying property owners of graffiti on private walls or fences backing up to the Property so that such property owners can carry-out removal of such graffiti from their private property. h. Nothing within the provisions of this Sublicense is intended to create duties or obligations to or rights in third parties not parties to this Sublicense, or affect the legal liability of either City or District by imposing any standard of care respecting the design, construction and maintenance of the trail and landscaping on the Property different from the standard of care imposed by law. 3. Consideration. The Sublicense shall not require payment of any rent or other charge to City by District for the use of the Property for the purposes for which it is permitted. As consideration for this License, City hereby agrees to maintain the improvements on the Property as set forth in Section 2 of this Sublicense. 4. Term of Sublicense. a. The term of this License shall run concurrently with the License. The License commenced on December 15, 1998, for an initial term of 25 years, terminating on December 14, 2023. The License has an option to extend by mutual written consent by the County and District for additional terms of ten (10) years. The Sublicense shall be automatically extended if the License with the County is extended or terminated if the License is not extended. b. City's obligations under Section 7 ("Condition of the Sublicensed Area Upon Termination") and Section 10 ("Indemnity") shall survive the termination of this Sublicense. c. Parties acknowledge that District may terminate this Sublicense at any time if the underlying County and District License agreement is terminated or if the License is revoked by the County as specified in Section 6 of the License. 5. Limitations. a. This Sublicense is non-exclusive. b. Should District, in its sole discretion, reasonably determine that any of City's landscaping on the Property interferes with District's use of the Property as a public trail, District may require City to eliminate said interference, by providing City with written notice of District's requirement and the reasons therefore. Within 30 days of its receipt of such notice, the parties agree to meet in an effort to resolve the identified conflict in a manner that is satisfactory to both parties. If no mutually satisfactory resolution is reached, City shall have 30 days after said meeting to proceed forthwith to remedy the problem, as directed by District. In the event City fails to remedy or correct the problem within such 30-day period, District may take such action as is reasonably necessary to remedy such interference at City's sole expense. 3