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CITY shall take into consideration the expense to relocate the <br />Project and use its best efforts to avoid interference of any <br />future CITY utility with the Project. No CITY utility shall be <br />moved to accommodate COUNTY or COMPANY, unless the cost of such <br />work is borne by COUNTY or COMPANY. COUNTY and COMPANY shall <br />support and protect all pipes, conduits, poles, wires, or other <br />underground structures affected by the excavation work, and shall <br />inform CITY if any damage occurs to such facilities during the <br />conduct of its work. The expense of repairs of any damage to <br />CITY utility or CITY system shall be charged to COUNTY and <br />COMPANY. <br />7. COMPENSATION. COUNTY shall pay. CITY $5,000 per year <br />for COUNTY'S and COMPANY'S use of the STREETS. COUNTY intends <br />that this payment is to compensate CITY for COUNTY'S use of the <br />4500 feet of Stanley Boulevard referenced in Recital C. In <br />addition, this Agreement does not prohibit CITY from enacting <br />legislation, if and when permitted by law, requiring COMPANY to <br />pay to CITY a reasonable fee to compensate CITY for its use of <br />the STREETS. Nothing in this Agreement prohibits COMPANY from <br />challenging the legality of such legislation. <br />8. IISE OF COIINTY'S SERVICES. Until capacity is maximized, <br />COUNTY and COMPANY shall offer their services to any business who <br />requests such services along the route of the Project. <br />9. AGREEMENT RIINS PPITH THE LAND. This Agreement is for <br />the benefit of the parties and their successors. The obligations <br />set forth in this Agreement shall run with the land and be <br />6 <br />