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DocuSign Envelope ID: EBB01 D9B-6C8B-4E5E-84FE-AA1110FDF6EE <br />shall make the Payment to the City by warrant within thirty (30) days after the <br />Effective Date. <br />4. The County agrees it does not have or claim, and shall not at any time in the future <br />have or claim, any ownership interest or estate in the Bus Stop Improvements or the <br />underlying real property, by virtue of this Agreement or the Payment. <br />5. Following the construction of the Bus Stop Improvements, the City agrees to own them <br />and perform maintenance activities to keep them in good repair, including trash <br />removal, sweeping, power washing, and removal of abandoned bikes and graffiti, as <br />required. <br />6. The City agrees to ensure the structural integrity of the concrete foundation, for reasons <br />including, but not limited to, manufacturing or construction defects, or damage from <br />outside forces. <br />B. ENTIRE AGREEMENT; AMENDMENTS. <br />This Agreement contains the entire agreement between the Parties. It may be amended only <br />by written agreement approved by both Parties. <br />C. SEVERABILITY. <br />In the event that any provision of the Agreement is held to be violative of the City, state, or <br />federal laws and thereby rendered unenforceable, the City, in its sole discretion, may <br />determine whether the remaining provisions will or will not remain in force. If the City <br />determines that the Agreement shall not remain in force, any unexpended portion of the <br />Payment shall be returned to the County. <br />D. NO JOINT VENTURE OR PARTNERSHIP. <br />Nothing contained in this Agreement is intended to create a partnership or joint venture <br />between the City and the County with respect to construction of the Bus Stop <br />Improvements, and any implication to the contrary is hereby expressly disavowed. It is <br />understood and agreed that this Agreement does not provide for the joint exercise by the <br />parties of any activity, function or service, nor does it create a joint enterprise, nor does it <br />authorize any Party hereto to act as an agent of the other Party hereto for any purpose <br />whatsoever. <br />E. NO THIRD -PARTY BENEFICIARIES. <br />Nothing under this Agreement shall be construed to give any rights or benefits in this <br />Agreement to anyone other than the City and the County and all duties and responsibilities <br />undertaken pursuant to this Agreement will be for the sole benefit of the City and the <br />County and not for the benefit of any other party. <br />F. ENFORCEMENT. <br />The Parties may enforce this Agreement by any legal or equitable means including specific <br />performance, declaratory, and/or injunctive relief. No other person or entity shall have any <br />right to enforce the provisions of this Agreement. <br />2 <br />