Agmt 2007 City of Oakland Port Commissioners

Home

EXHIBIT "B" ADDITIONAL PROVISIONS 1) Port Approvals: Design, construction schedule and contracts for the Trail Improvements must be approved by the Port prior to construction. During construction, Permittee shall notify the Port (upon at least 10-days notice) for regular meetings during construction and of any change in the approved design, schedule, scope or footprint of the Trail Improvements. Any such change must be approved by the Port prior to the implementation of the change. Thirty (30) days prior to the completion of the Trail Improvement, Permittee shall notify the Port in writing for the Port's approval of a determination that the Trail Improvements are completed, which approval shall not be unreasonably withheld. Permittee shall hold its Construction Contractor to a one year warranty period after the completion of the Trail Improvements for repair of defects. The Port shall notify Permittee a minimum of 30 calendar days before the end of the Construction Contractor's warranty period of any defects in the work that must be repaired. The Agreement shall be terminated upon the end of the one year warranty period. 2) Repair and Maintenance of Trail Improvements: Upon the termination of the Agreement, the Port shall maintain and repair the Trail Improvements on Port premises and Permittee shall maintain and repair any part of the Trail Improvements within the city limits of the City of San Leandro. Permittee shall not accept any permitting requirements or conditions pertaining to the maintenance, repair and upkeep of the Trail without approval from the Port, which approval shall not be unreasonably withheld. Prior to the completion of the Trail Improvements, the Port and Permittee shall negotiate and execute a "Maintenance and Repair Agreement", by which the parties shall specify the standards and scope of maintenance and repair and identify any necessary joint responsibilities of the respective parties for compliance with regulatory or permitting requirements or condi tions applying to the maintenance and repair of Trail Improvements (the "Maintenance Agreement"). In no case shall the Port or the City be responsible for any share of joint maintenance and repair of the Trail Improvements greater than that proportionate portion of the Trail Improvements that is located on each party's respective properties. 3) Conditions of Premises: Condi tion of Premises: The taking of possession of said Premises by Permittee shall, in itself, constitute acknowledgment by Permittee that said Premises are in good condition and satisfactory for its use, and that the Port has not agreed to undertake any modifications, alterations or improvements to the Premises except as specifically provided in this agreement. The Port reserves the right, but shall not be obligated to Permittee, further to develop or improve the landing areas of the Airport as it sees fit, regardless of the desires or views of Oyster Bay Slough Trail lmprovements RIGHT-OF-ENTRY AND INDEMNITY AGREEMENT l02681.v6 1