8G Consent 2007 0618 - Laserfiche WebLink

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AGRJJ.:\1F1\'T A:'ID LI~SE (Not to be recorded) THIS AGREE\IENT made and entered into this 19th day of April 19 82, by and between TIIE ClTI OF SA..:'l' LEA:-IDRD, an incorporated California rm.micipality organized and existing under the laws of the State of California, hereinafter called "CITY" and EAST BAY REGIO~AL PARK DISTRlcr, a public corporation organized and existing under the laws of the State of California, hereinafter called "PARK". WIT N E SSE T H: TP~4T CITI, for a good and valuable consideration and in further consideration of the faithful performance and observance by PARK of all of the covenants and agreements herein contained, does hereby give, subject to all of the terms and conditions hereof of a trail for the passage of pedestrians, equestrians, and bicycles, together with the necessary appurtenances thereto, all hereinafter referred to as the "TRAIL," with- in the boundaries of that certain real property situated in the City of San Leandro County of Alameda, State of California, as shown outlined in red on the drawing marked Exhibit "A", attached hereto and made a part hereof. THE LICENSE aoove mentioned is granted by CI'IY and accepted by PARK upon the following ternE and conditions and PARK does hereby covenant with CITY as follo~s: 1. Title to Property. PARK hereby acknowledges the title of CITY in and to the real property above described and agrees never to assail or to resist said title. 2. Term of License. Unless suspended or partially revoked as hereinafter set forth, this license to construct, operate, and maintain a trail to be used by the general public shall terminate twenty-five (25) years from the date hereof. By mutual consent of the parties hereto, it may be extended for anaddi tional twenty- five (25) year term. . 3. Maintenance and Jurisdiction. a. Upon completion of any of its Works hereunder, PARK shall maintain said property in a clean and presentable condition, free from waste, and, if PARK fails to keep said property, then CI'IY shall provide PARK notice of the area of violation and PARK shall have thirty (30) days to correct the violation. If any dispute shall develop concerning PARK'S alledged failure to properly maintain the trail, such dispute shall be subrrcitted to arbitration under the rules of the American Arbitration Association. If PARK shall either: 1) choose not to request arbitration; or 2) following an arbitration decision that additional maintenance is required and fails to undertake such maintenance for a period of thirty (30) days, then, in either event, CITI may perform the necessary \l,Qrk at the expense of PARK, which PARK agrees to pay CITY upon demand. b. PARK shall have the primary recreational jurisdiction and regulatory responsibility of the trail when cornplete,d and dedicated to public trail use. 'The PARK and CITI further af:,TTee not to construct or opeT'ate facilities or pennit uses r , (,-