Agmt 2013 Alameda-Contra Costa Transit District AC Transit

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WHEREAS, although the State is not a party to this Agreement between San Leandro and AC Transit, in a separate agreement with AC Transit relative to the BRT Project the STATE has agreed that sweeping of the dedicated BRT roadway is an eligible activity for reimbursement under the provisions of DMA-SL; and WHEREAS,the PARTIES mutually desire to specify the operating and maintenance responsibilities of the PARTIES in regards to the respective BRT FACILITIES, in particular the maintenance functions to be performed by DISTRICT, and to specify the terms and conditions under which such work will be performed. NOW,THEREFORE,the PARTIES mutually agree as follows: A. AGREEMENT In consideration of the mutual covenants and promises herein contained, it is agreed: 1. DISTRICT shall be responsible for, including all costs related thereto, operation, maintenance,protection, and repair of BRT FACILITIES. Said work at all times shall be conducted to assure safety and convenience of CITY street users. Said work and BRT FACILITIES shall be subject to random inspection by CITY as to safety conditions affecting the CITY's street facilities. 2. DISTRICT shall maintain, at DISTRICT's expense,the entire shaded areas as shown in Exhibit A, attached to and made a part of this Agreement, and as further described herein in Section C. Further delineation of the separate maintenance functions of the PARTIES is shown in Exhibit B, attached to and made a part of this Agreement. 3. Rights granted to DISTRICT under this Agreement are restricted to maintenance and operation of BRT FACILITIES. Any other use or presence by DISTRICT or DISTRICT's authorized contractors will require that a separate encroachment permit be issued to that party from the CITY and/or the STATE. 4. DISTRICT shall not, at any time, use or permit the public to use BRT FACILITIES in any manner that will interfere with or impair the primary use of BRT FACILITIES as a bus transit facility. 5. CITY reserves its right to use those BRT FACILITIES areas within the CITY and/or the STATE rights of way for future construction, reconstruction, expansion, modification, or maintenance purposes without restriction or reimbursement to any party should DISTRICT cease operation of the BRT FACILITIES. 6. An encroachment permit from the CITY and/or the STATE will be required for third parties if DISTRICT contracts out the BRT FACILITIES maintenance responsibilities described herein to a contractor of DISTRICT's choice. Said contractor(s) shall be subject to the same inspections and responsibilities as specified herein for work performed directly by DISTRICT. San Leandro O&M 2 Final 6/12/2013