CC - Agendas - City Council - REGULAR - 10/23/2012

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RIGHT-OF-WAY ENCROACHMENT LICENSE AND PERMIT AGREEMENT Agreement made this day of , 2012, by and between the City of Prescott, a municipal corporation of the State of Arizona, hereinafter referred to as "Licensor", and The Yavapai College Community Facilities District, hereinafter referred to as "Licensee." WHEREAS the City Council of the City of Prescott has granted the Yavapai College Community Facilities District a variance pursuant to City Code, Chapter 8-6, for the limited purposes stated herein, now therefore, WHEREAS the Yavapai College Community Facilities District must also obtain from the Public Works Director a permit or license for the purposes of such variance, In consideration of the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party to the other, the parties agree as follows: 1. GRANT OF LICENSE. Licensor hereby grants to Licensee a license to occupy and use a portion of the right-of-way owned by Licensor generally located on Sheldon Street, Prescott, Arizona, and more particularly identified as the location described in the attached Exhibit "A" and "B", for the sole purpose of allowing the placement of a sign described herein. Said construction, installation and any repair and/or maintenance of the sign shall be at the Licensee's expense and at no cost to the Licensor, subject to the prior approval by the City Public Works Director. 2. LIMITATION TO LOCATION AND DESCRIBED USE OF PREMISES. The location and limitation of this License shall be specifically limited to the location in the right-of- way as more particularly described in the attached and incorporated Exhibit "A" and "B" hereto, and no other. The use of such location is specifically limited to the erection of an electronic monument changeable copy sign, and associated utility location, as described in the attached Exhibit "C" to be used solely to provide information about events at the Yavapai College Performing Arts Center or other Yavapai College events, and for no other purpose, including but not limited to any commercial purposes or containing any other commercial information. 3. RESPONSIBILITY OF LICENSEE. Licensee shall maintain the area which is hereby licensed in good condition and repair. Licensee shall at all times keep and maintain said area in a safe and good condition and repair. Yavapai College shall, at their own expense, Page 1 of 4