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Agmt 2011 EBMUD
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Agmt 2011 EBMUD
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7/20/2012 5:22:53 PM
Creation date
6/24/2011 1:37:21 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/19/2011
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PERM
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Reso 2011-115
(Approved by)
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\City Clerk\City Council\Resolutions\2011
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4. Lessee further agrees that its use of and all work upon or in connection with said real <br /> property shall at no time and in no way whatever interfere with the operations of Lessor, and that <br /> the construction, reconstruction, operation, maintenance, repair and use of said picnic grounds and <br /> public park use and all work in connection therewith, together with the operation and supervision <br /> of said picnic ground and public park use, shall be performed by Lessee at all times to the <br /> satisfaction of Lessor. <br /> 5. .Lessee fully understands that Lessor has constructed and is now operating and using <br /> upon the adjoining or nearby real property, and will hereafter continue to operate and use thereon, <br /> pumping plants, dam, reservoir and spillway and that Lessor may construct and operate and use <br /> thereon, pumping plants, dam, reservoir and spillway and that Lessor may construct and operate <br /> upon the real property herein described additions or alterations to said pumping plants, dam and <br /> other improvements in connection therewith. The rights of the Lessor in and to said real property <br /> and the right to construct and operate additions to said pumping plants, dam, spillways, and other <br /> structures and improvements to perform or conduct any work or operations of any nature whatever <br /> on said real property, shall at all times be paramount to any rights of the Lessee hereunder. <br /> Nothing herein contained shall permit Lessee to make any changes in grading or drainage, or to <br /> alter or remove trees or existine structures or facilities, or to do any other work of any nature upon <br /> the property of Lessor, except maintenance or emergency repairs, without the written consent of <br /> Lessor having been first obtained. Lessor reserves the right to perform on the property herein, any <br /> work required to maintain the stream bed or to remove trees and such other work as may be <br /> necessary. <br /> 6. Lessee further agrees that said real property shall be used for public picnic grounds <br /> and public park purposes only and for no other purpose whatever. In its operations on the said <br /> real property, Lessee shall not discriminate against any person because of race, creed, color, sex or <br /> national origin. <br /> 7. The primary means of access to said real property and to the adjacent properties of <br /> Lessor are by way of a gate and steel /concrete bridge which has been constructed by Lessor across <br /> San Leandro Creek at the end of Estudillo Avenue, and Lessee hereby agrees to promptly repair at <br /> its own expense any damage caused to said gate or bridge by the exercise of the rights herein <br /> given, and Lessee further agrees to share in the costs of the maintenance of said bridge in <br /> proportion to the use which is made of said bridge by Lessee, which the parties agree to be 70% <br /> Lessee and 30% Lessor. Except for emergency maintenance work or repairs to said bridge or <br /> damage done to same by Lessor, Lessor agrees to subunit to Lessee in advance of performance an <br /> estimate of the cost of maintenance work proposed to be done upon said bridge and a statement of <br /> the estimated amount which shall be payable by Lessee hereunder. <br /> S. Lessor reserves the right to approve any changes to said real property and Lessee <br /> agrees not to construct or place any improvements upon said picnic grounds or for said public <br /> park use without first obtaining written permission from Lessor. Lessee further agrees to maintain <br /> in safe operating condition the picnic ground and facilities now existing, or which may be <br /> constructed, on said real property and to provide adequate supervision over said picnic ground and <br /> public park uses all at the expense of Lessee. Any fencing, signs or guard patrols necessary for <br /> protection of the picnic grounds and users will be at the expense of Lessee. Lessee further agrees <br />
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