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<br />EXHIBIT C <br />CONSTRUCTION RIGHT OF ENTRY <br /> <br />American Golf Corporation ("USER") grants permission to the City of San Leandro, hereinafter <br />referred to as "PROVIDER," to enter upon the Monarch Bay Golf Course ("Golf Course") to <br />construct facilities to enable recycled water produced at PROVIDER's Water Pollution Control <br />Plant to be used for landscape irrigation on the Golf Course. The design and construction <br />requirements are more particularly described in Section 5 of the Agreement to which this Exhibit <br />C is attached. <br /> <br />The rights and privileges hereby granted to PROVIDER herein may, at the option of the <br />PROVIDER, be exercised by any authorized agent, contractor, or consultant to PROVIDER. <br /> <br />By acceptance of this Right of Entry, it is expressly understood and agreed by and between the <br />Parties that PROVIDER agrees to indemnify and save USER harmless against any and all loss, <br />damage, and/or liability that may be suffered or incurred by USER and against and all claims, <br />demands, and causes of action that may be brought against USER caused by, or arising out of, or <br />in any way connected with, the use and/or occupancy of the Golf Course by PROVIDER, its <br />agents, contractors or assigns. PROVIDER further agrees to assume full responsibility for any <br />and all damages caused by PROVIDER's operation under this Right of Entry, and PROVIDER <br />shall, at its option, either repair or pay for such damages. <br /> <br />It is understood that this permission does not constitute a waiver in any way of any rights of <br />ownership of such land. It is understood that there will be no compensation paid for this <br />permission. TIre f'ftrmission to enter granted by this Right of Entry shall be effective as of the <br />date of executior,t.thy USER and shall continue until completion of the project and is subject to <br />thc termSlJ~thlgreement to which this Exhibit is attached. <br /> <br /> <br /> <br />USER/G0--- <br /> <br />American;Golf Corporation <br />Mark Friedman, General Counsel <br /> <br />ACCEPTED: PROVIDER <br />CITY OF SA1>.T L NDRO <br />/v~ <br />By: ~/ 5? <br />Ken oseph, P .E., City Engineer <br />Engineering and Transportation Department <br /> <br />12 <br /> <br />Exhibit C Recycled Water Service Agreement <br /> <br />SB 404097 v20 109600008 <br />8/7106 <br />