8M Consent 2011 0620 - Laserfiche WebLink

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4. Lessee further agrees that its use of and all work upon or in connection with said real property shall at no time and in no way whatever interfere with the operations of Lessor, and that the construction, reconstruction, operation, maintenance, repair and use of said picnic grounds and public park use and all work in connection therewith, together with the operation and supervision of said picnic ground and public park use, shall be performed by Lessee at all times to the satisfaction of Lessor. 5. Lessee fully understands that Lessor has constructed and is now operating and using upon the adjoining or nearby real property, and will hereafter continue to operate and use thereon, pumping plants, dam, reservoir and spillway and that Lessor may construct and operate and use thereon, pumping plants, dam, reservoir and spillway and that Lessor may construct and operate upon the real property herein described additions or alterations to said pumping plants, dam and other improvements in connection therewith. The rights of the Lessor in and to said real property and the right to construct and operate additions to said pumping plants, dam, spillways, and other structures and improvements to perform or conduct any work or operations of any nature whatever on said real property, shall at all times be paramount to any rights of the Lessee hereunder. Nothing herein contained shall permit Lessee to make any changes in grading or drainage, or to alter or remove trees or existing structures or facilities, or to do any other work of any nature upon the property of Lessor, except maintenance or emergency repairs, without the written consent of Lessor having been first obtained. Lessor reserves the right to perform on the property herein, any work required to maintain the stream bed or to remove trees and such other work as may be necessary. 6. Lessee further agrees that said real property shall be used for public picnic grounds and public park purposes only and for no other purpose whatever. In its operations on the said real property, Lessee shall not discriminate against any person because of race, creed, color, sex or national origin. 7. The primary means of access to said real property and to the adjacent properties of Lessor are by way of a gate and steel /concrete bridge which has been constructed by Lessor across San Leandro Creek at the end of Estudillo Avenue, and Lessee hereby agrees to promptly repair at its own expense any damage caused to said gate or bridge by the exercise of the rights herein given, and Lessee further agrees to share in the costs of the maintenance of said bridge in proportion to the use which is made of said bridge by Lessee, which the parties agree to be 70% Lessee and 30% Lessor. Except for emergency maintenance work or repairs to said bridge or damage done to same by Lessor, Lessor agrees to submit to Lessee in advance of performance an estimate of the cost of maintenance work proposed to be done upon said bridge and a statement of the estimated amount which shall be payable by Lessee hereunder. S. Lessor reserves the right to approve any changes to said real property and Lessee agrees not to construct or place any improvements upon said picnic grounds or for said public park use without first obtaining written permission from Lessor. Lessee further agrees to maintain in safe operating condition the picnic ground and facilities now existing, or which may be constructed, on said real property and to provide adequate supervision over said picnic ground and public park uses all at the expense of Lessee. Any fencing, signs or guard patrols necessary for protection of the picnic grounds and users will be at the expense of Lessee. Lessee further agrees -2-