|
2.) The City will manage the reintroduction sites so as to reasonably minimize any effects to
<br />California sea-blite caused by routine, ongoing recreational or maintenance activities
<br />occurring as a part of park operations. Under this agreement, on-going recreation and
<br />maintenance activities will not be considered to affect California sea-blite.
<br />3.) The USFWS agrees that there will be no additional land use restrictions or permitting
<br />requirements imposed upon the City as a result of California sea-blite establishment.
<br />4.) In exchange for granting of access, USFWS agrees to provide updates to the City in
<br />regard to USFWS's activities at Robert's Landing. USFWS shall report all activities
<br />beyond simple observation and photo-documenting (e.g., pulling of weeds, fertilizing,
<br />etc.).
<br />5.) Access to Robert's Landing is not provided by a trail, however it is open to the public and
<br />therefore requires no special access permit. Access to City lands by USFWS staff and its
<br />agents or assignees has been verbally agreed upon by the City and the USFWS.
<br />6.) In the event that the City chooses to initiate a new project or land use which would
<br />require Federal permitting, funding, or other involvement, the City may need to enter into
<br />consultation with the USFWS to determine whether the new project/land use would result
<br />in an adverse effect to California sea-blite.
<br />7.) USFWS agrees to indemnify, hold harmless, defend and protect the City of San Leandro,
<br />it's officers, directors, agents, employees, invitees (each of which is an indemnitee) from
<br />and against any and all claims, losses, damages, demands, liabilities, suits, costs,
<br />expenses (including attorney's fees), penalties, judgments, or obligations whatsoever for
<br />or in connection with injury (including death) or damage to any person or the loss or
<br />damage of property to whomsoever belonging or pecuniary or monetary loss resulting
<br />from, arising out of, or in any way related to activity conducted by or the omission of
<br />USFWS, including but not limited to USFWS' development, construction, occupation,
<br />use, operation, maintenance and/or removal of the property, premises, or any facilities or
<br />operations thereon, including events occurring on or off the property, premises or
<br />facilities, regardless of how the injury or damage was caused or suffered, unless the
<br />injury or damage resulted from the sole negligence or the intentional and willful
<br />misconduct of the City of San Leandro, its officers, directors, agents or employees.
<br />The USFWS does not assume any rights or other control over the premises by this
<br />agreement. The City retains all of their property rights, including the control of trespass
<br />and access to the property, as well as all of their responsibilities for taxes, assessments,
<br />and damage claims. In addition, the USFWS and its agents or volunteers assume no
<br />liability for damage or injury, other than that provided for under existing Federal law, on
<br />the above property.
<br />8.) In conducting this reintroduction project, the USFWS and its agents or volunteers will not
<br />interfere with any ongoing recreation or maintenance activities being conducted as part of
<br />the operation of Robert's Landing.
<br />4
<br />
|