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<br />2 <br /> <br /> WHEREAS, although the State is not a party to this Agreement between San <br />Leandro and AC Transit, in a separate agreement with AC Transit relative to the BRT Project <br />the STATE has agreed that sweeping of the dedicated BRT roadway is an eligible activity for <br />reimbursement under the provisions of DMA-SL; and <br /> <br />WHEREAS, the PARTIES mutually desire to specify the operating and maintenance <br />responsibilities of the PARTIES in regards to the respective BRT FACILITIES, in particular <br />the maintenance functions to be performed by DISTRICT, and to specify the terms and <br />conditions under which such work will be performed. <br />NOW, THEREFORE, the PARTIES mutually agree as follows: <br />A. AGREEMENT <br /> <br />In consideration of the mutual covenants and promises herein contained, it is agreed: <br /> <br />1. DISTRICT shall be responsible for, including all costs related thereto, operation, <br />maintenance, protection, and repair of BRT FACILITIES. Said work at all times shall be <br />conducted to assure safety and convenience of CITY street users. Said work and BRT <br />FACILITIES shall be subject to random inspection by CITY as to safety conditions <br />affecting the CITY’s street facilities. <br /> <br />2. DISTRICT shall maintain, at DISTRICT’s expense, the entire shaded areas as shown in <br />Exhibit A, attached to and made a part of this Agreement, and as further described herein <br />in Section C. Further delineation of the separate maintenance functions of the PARTIES <br />is shown in Exhibit B, attached to and made a part of this Agreement. <br /> <br />3. Rights granted to DISTRICT under this Agreement are restricted to maintenance and <br />operation of BRT FACILITIES. Any other use or presence by DISTRICT or <br />DISTRICT’s authorized contractors will require that a separate encroachment permit be <br />issued to that party from the CITY and/or the STATE. <br /> <br />4. DISTRICT shall not, at any time, use or permit the public to use BRT FACILITIES in <br />any manner that will interfere with or impair the primary use of BRT FACILITIES as a <br />bus transit facility. <br /> <br />5. CITY reserves its right to use those BRT FACILITIES areas within the CITY and/or the <br />STATE rights of way for future construction, reconstruction, expansion, modification, or <br />maintenance purposes without restriction or reimbursement to any party should <br />DISTRICT cease operation of the BRT FACILITIES. <br /> <br />6. An encroachment permit from the CITY and/or the STATE will be required for third <br />parties if DISTRICT contracts out the BRT FACILITIES maintenance responsibilities <br />described herein to a contractor of DISTRICT’s choice. Said contractor(s) shall be <br />subject to the same inspections and responsibilities as specified herein for work <br />performed directly by DISTRICT.