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Agmt 2003 East Bay Regional Park District EBRPD
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Agmt 2003 East Bay Regional Park District EBRPD
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Last modified
8/19/2009 12:16:26 PM
Creation date
8/19/2009 12:16:26 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
12/15/2003
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PERM
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Reso 2003-250
(Approved by)
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\City Clerk\City Council\Resolutions\2003
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ATTACHMENT A <br />AGREEMENT TO PLACE CLEAN FILL AT OYSTER BAY REGIONAL SHORELINE <br />This Agreement is entered into this ~~~'~ day of ~~`~C~~°r~~a~~ ,200, by and between East Bay <br />Regional Park DISTRICT ("DISTRICT") and City of San Leandro ("PERMITTEE"). <br />The parties hereby agree as follows: <br />PERMITTEE may place no more than 150,000 cubic yards of clean fill material, which has <br />been approved by the DISTRICT, excavated from City of San Leandro's Dredged Material <br />Management Site (DMMS), located at the south end of Doolittle Drive, San Leandro, <br />California, onto the Oyster Bay Regional Shoreline Park property, located at the end of Davis <br />Street in San Leandro. <br />PERMITTEE warrants that only "clean fill" material will be <br />delivered to the site. Clean fill material shall be defined as <br />earthen soil free of toxic, flammable, explosive, reactive, <br />corrosive, radioactive, or other hazardous wastes, including but <br />not limited to fuels, solvents, paints, oils, asbestos, acid and <br />polychlorinated biphenols. Earthen material shall be free of <br />plastic, wood, metals (other than concrete mesh or rebar) or other <br />debris, including household garbage. PERMITTEE shall be <br />responsible for any violation of these warranties, and shall be <br />solely responsible to pay any fines, fees, charges, costs or expenses <br />resulting, in whole or in part, for the delivery of fill material that <br />is not clean. PERMITTEE shall remove at its sole expense, any <br />load of material deposited at the site deemed by the DISTRICT to <br />be unacceptable in DISTRICT's sole discretion. <br />2. The PERMITTEE shall provide evidence of compliance with the above warranty through <br />the submission of suitable testing reports. No soil fill may be delivered to the Fill Site until <br />the PERMITTEE has received written approval of the reports from the DISTRICT. <br />3. The term of this Agreement shall be from March 15, 2004 to October 29, 2004 and maybe <br />terminated upon 30 days prior written notice to the other party. <br />4. PERMITTEE shall contact Joan Suzio at (510) 562-1373 (District Representative) after <br />receipt of executed Agreement, approval of soil reports and Certificate of Insurance to <br />schedule access to the Fill Site. <br />5. Insurance Requirements: <br />a. PERMITTEE shall, at its own cost and expense, obtain the insurance indicated on the <br />attached Certificate of Insurance. <br />Page 5 of 8 <br />
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