Agmt 2013 San Leandro Unified School District SLUSD (3)

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3. CONSTRUCTION AND RIGHT OF ENTRY. District shall cause to be constructed and developed a walking path at the location depicted on Exhibit A and the District may improve the area as depicted and described on Exhibit B to allow walking path use (the "Work"). District shall pay all required fees associated with the Work. District shall obtain the advance approval of City for the Work performed at the area depicted on Exhibit B. Any work in the area depicted on Exhibit A shall be in conformance with the plans approved by the Division of the State Architect. 3.1. Workmanlike Standard. The Work shall be performed in a good and workmanlike manner consistent with the standard of care and level of skill presently maintained by the practice of professionals in this locale; in compliance with all applicable federal, state and local laws, ordinances, rules and regulations, in a manner so as not to disturb the occupancy, business or quiet enjoyment of any other tenants or licensees of the Property; and in a manner so as to avoid harm to person(s) or the Property with the understanding that any construction work may create traffic, noise and dust associated with the Work. Where applicable, all Work at the site depicted on Exhibit B shall be completed to meet at a minimum the Standard Plans and Specifications of City. 3.2. Damage to City Property During Construction. Precautions must be taken by District to avoid interference with or damage to City's real and personal property. Equipment must not damage wire lines at, over or near the Property, as well as any other utilities or structures located thereon, including irrigation lines and sprinkler heads. District shall be liable for any damage to the Property, or any other property of City or City right-of-way, that occurs by its use of the Property, unless caused by the gross negligence or willful misconduct of City or its employees, agents or contractors. Any waste generated in the process of completing the Work, except pre-existing hazardous materials, will be the responsibility of District at District's sole cost and expense. 3.3. Access to Property. City hereby agrees and grants permission to District to enter the Property as may be necessary to perform the Work based on the covenants and conditions of this Agreement. The City reserves the right of its authorized officers, employees, agents or contractors, to enter into and access the Property at any time. 3.4. Relevant Laws. The District shall obtain and maintain any and all necessary permits from relevant agencies and comply with all current laws, ordinances, orders, rules, regulations and permits with respect to its performance of the activities relevant to this right of entry. 4. USE AND MAINTENANCE. Subject to the limits herein stated, the right of entry granted herein is a right to enter onto the Property for the purposes of constructing and developing a walking path. Use: the entire walking path can be used by the public for recreational purposes when school is not in session; otherwise, it is for the exclusive use of the school. 2