Agmt 2010 Livermore Amador Valley Water Management Agency

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CITY OF SAN LEANDRO TEMPORARY PERMIT TO ENTER AND USE PROPERTY THIS TEMPORARY PERMIT TO ENTER AND USE PROPERTY (hereinafter referred to as "Permit") dated for reference purposes only on May ~_, 2010, is made by and between the City of San Leandro ("City"), a municipal corporation organized under the laws of the State of California, and Livermore Amador Valley Water Management Agency, a joint powers agency, dba LAVWMA (hereinafter referred to as "Permittee") and together referred to as the "parties". Now therefore, for good and valuable consideration and the mutual promises contained herein, receipt and sufficiency of which is hereby acla~owledged, City and Permittee agree as follows: 1. License. City confers to Permittee a revocable, temporary, personal, unassignable, non-exclusive and non- possessory privilege to enter upon and use that certain real property owned or managed by City located at: a portion of APNs 080G-0910-002-14, 080G-0910-002-24, 080G-1406-031, aild 080G- 1409-138 as depicted in Exhibits A, B, C, and D (Legal Descriptions) located in the City of San Leandro, County of Alameda, (the "Permit Area"), for the limited purpose and subject to the terms, conditions and restrictions set forth below. This Permit gives Permittee a temporary license only, and notwithstanding anything to the contrary herein, this Permit does not constitute a grant by the City of any ownership, leasehold, easement or other property interest or estate whatsoever in the Permit Area, or any portion thereof. The privilege given to Permittee under this Permit is effective only insofar as the rights of the City m the Permit Area are concerned, and Permittee shall obtain any further permission necessary because of any other existing rights affecting the Permit Area. 2. Use of Permit Area. 2.1 Scope of Permitted Use. Permittee may enter and use the Permit Area for the sole purpose of performing work associated with the installation of a sanitary sewer pipeline (hereinafter referred to as the "Project"), and for no other purpose whatsoever. 2.2 Term of Permit. This Permit shall automatically commence upon execution and automatically expire on the earlier of two dates, either the termination date of January 15, 2012 (i.e., end of clapper rail non-breeding season) or Permittee's written notice to City of completion of work and termination of this Permit. This Permit's Term may only be extended in a writing signed by both parties. 3. Installation of Facilities. As part of the Project, Permittee may install certain improvements as more particularly described in Exhibit E (Temporary Permit to Enter aiid Use Property Conditions) on the Permit Area, only upon satisfaction of the following conditions: 3.1 Approval of Plans and Specifications. Permittee shall install the permitted improvements in accordance with plans and specifications approved by all applicable Federal, State or local authorities. 3.2 Permits and Approvals. Before beginning any work, Permittee shall obtain all permits, licenses and approvals (collectively referred to hereinafter as, "approvals") of any