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8M Consent 2011 0620
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8M Consent 2011 0620
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6/24/2011 5:16:17 PM
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6/16/2011 4:32:03 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/20/2011
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PERM
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_CC Agenda 2011 0620
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0620
Reso 2011-115
(Reference)
Path:
\City Clerk\City Council\Resolutions\2011
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to pay for all water, power, telephone, or other utilities or services required or used in connection <br />with the operation of said picnic grounds and to pay the costs of any extensions required to <br />provide same. <br />9. Lessee agrees that said picnic ground and public park uses shall be operated without <br />profit to Lessee; however, Lessee may charge any reasonable fee deemed proper or necessary to <br />recover the costs of the operation, maintenance and supervision of said picnic area and its <br />appurtenant facilities and equipment; provided, however, that any such fee shall be uniform in its <br />operation as to all persons allowed to use said picnic grounds and area. Lessee further agrees that <br />it will not give or lease to any person, firm or corporation, any concession for the sale of food, <br />beverages, services, amusements, or anything of like nature without first obtaining the written <br />consent of Lessor. Under no circumstances shall intoxicating beverages or liquors of any kind be <br />kept, sold or distributed upon said premises. <br />10. Lessee hereby agrees at its expense promptly to provide and maintain all necessary <br />sanitary facilities in addition to present facilities; said sanitary facilities and the plans therefore to <br />be first approved in writing by Lessor, and to keep said real property at all times in a clean, safe <br />and sanitary condition free from waste and to permit no accumulation of waste waters, rubbish or <br />garbage thereon, all to the satisfaction of Lessor. Lessee further agrees that the interests of <br />adjacent residents and property owners shall be considered in establishing the hours and manner in <br />which the said picnic grounds shall be operated. Lessor, however, reserves the right to revoke the <br />Lease herein granted if, after an investigation by Lessor, in Lessor's opinion, said grounds are <br />operated so as to create a nuisance to adjacent residents and property owners and Lessee fails after <br />thirty (30) days' notice to do so to correct such operation as to eliminate such nuisance. <br />11. Lessor agrees that Lessee shall have the right to establish, maintain and use <br />overnight camping grounds within said real property. Lessee agrees that the interests of adjacent <br />residents and property owners shall be considered in establishing the hours and manner in which <br />the overnight camping grounds shall be operated. Lessor, however, reserves the right to revoke <br />the right herein granted to maintain overnight camping grounds, if, after investigation by Lessor, <br />in Lessor's opinion said grounds are operated so as to create a nuisance to adjacent residents and <br />property owners and the Lessee fails, after thirty (30) days' notice to do so, to correct such <br />operation to eliminate such nuisance. <br />12. The easterly and southeasterly lines of the real property shown on Exhibit "A" <br />adjoin the Chabot Center of Lessor and the westerly and northerly lines of said real property are <br />contiguous to San Leandro Creek which is downstream from the Lake Chabot Reservoir of <br />Lessor, all used in connection with the public water supply of Lessor. Lessee hereby agrees to <br />take all possible precautions necessary to prevent access to said Center and said Lake Chabot <br />Reservoir, or its appurtenant dam, spillways, and other works appurtenant thereto by users of said <br />picnic ground provided, however, that Lessee shall not interfere with the access of said users to <br />recreational trails opened to public use from time to time by authority of Lessor. In order to <br />prevent users of said picnic ground from having access (except at points designated and <br />authorized by Lessor) to said Center and said Lake Chabot Reservoir, and its said appurtenant <br />works, Lessee further agrees to construct and thereafter maintain in good repair along such portion <br />of the perimeter of said picnic grounds and recreation areas as Lessor may require, a chain -link or <br />9911 <br />
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