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8H Consent 2007 0319
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8H Consent 2007 0319
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Last modified
5/4/2007 12:41:18 PM
Creation date
3/14/2007 3:54:57 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
3/19/2007
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PERM
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_CC Agenda 2007 0319
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2007\Packet 2007 0319
Reso 2007-036
(Reference)
Path:
\City Clerk\City Council\Resolutions\2007
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<br />EXHIBIT "B" <br /> <br />ADDITIONAL PROVISIONS <br /> <br />1) Port Approvals: Design, construction schedule and contracts for the <br />Trail Improvements must be approved by the Port prior to <br />construction. During construction, Permittee shall notify the Port <br />(upon at least 10-days notice) for regular meetings during <br />construction and of any change in the approved design, schedule, <br />scope or footprint of the Trail Improvements. Any such change must <br />be approved by the Port prior to the implementation of the change. <br />Thirty (30) days prior to the completion of the Trail Improvement, <br />Permittee shall notify the Port in writing for the Port's approval <br />of a determination that the Trail Improvements are completed, which <br />approval shall not be unreasonably withheld. Permittee shall hold <br />its Construction Contractor to a one year warranty period after the <br />completion of the Trail Improvements for repair of defects. The Port <br />shall notify Permittee a minimum of 30 calendar days before the end <br />of the Construction Contractor's warranty period of any defects in <br />the work that must be repaired. The Agreement shall be terminated <br />upon the end of the one year warranty period. <br /> <br />2) Repair and Maintenance of Trail Improvements: Upon the termination <br />of the Agreement, the Port shall maintain and repair the Trail <br />Improvements on Port premises and Permittee shall maintain and repair <br />any part of the Trail Improvements within the city limits of the City <br />of San Leandro. Permittee shall not accept any permitting <br />requirements or conditions pertaining to the maintenance, repair and <br />upkeep of the Trail without approval from the Port, which approval <br />shall not be unreasonably withheld. Prior to the completion of the <br />Trail Improvements, the Port and Permittee shall negotiate and <br />execute a "Maintenance and Repair Agreement", by which the parties <br />shall specify the standards and scope of maintenance and repair and <br />identify any necessary joint responsibilities of the respective <br />parties for compliance with regulatory or permitting requirements or <br />condi tions applying to the maintenance and repair of Trail <br />Improvements (the "Maintenance Agreement"). In no case shall the <br />Port or the City be responsible for any share of j oint maintenance <br />and repair of the Trail Improvements greater than that proportionate <br />portion of the Trail Improvements that is located on each party's <br />respective properties. <br /> <br />3) Conditions of Premises: Condi tion of Premises: The taking 0 f <br />possession of said Premises by Permittee shall, in itself, <br />consti tute acknowledgment by Permittee that said Premises are in <br />good condition and satisfactory for its use, and that the Port has <br />not agreed to undertake any modifications, alterations or <br />improvements to the Premises except as specifically provided in this <br />agreement. The Port reserves the right, but shall not be obligated <br />to Permittee, further to develop or improve the landing areas of the <br />Airport as it sees fit, regardless of the desires or views of <br /> <br />Oyster Bay Slough Trail Improvements <br />RIGHT-OF-ENTRY AND <br />INDEMNITY AGREEMENT <br />l026Bl.v6 <br /> <br />1 <br />
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