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<br /> 1 <br /> <br />ACCESS LICENSE AGREEMENT <br />THIS ACCESS LICENSE AGREEMENT (this “Agreement”) is entered into as of <br />______________ (the “Effective Date”), by and between the City of San Leandro, a <br />California charter city (the “City”), and the City of Oakland, a California charter city, <br />acting by and through its Board of Port Commissioners (the “Port”), to provide for the <br />use of certain property located in the City. Port and City are collectively referred to <br />herein as the “Parties.” <br />RECITALS <br />A. City and Port previously entered into that certain Grant of Easement for <br />Flood Control Purposes dated ______ and recorded in the Official Records of Alameda <br />County as Document No. ________ (the “Easement”). <br /> B. Pursuant to the Easement, the City granted the Port a continuous and <br />perpetual easement upon, over, under, across, and through certain property owned by <br />the City (the “Easement Area”) for use as a dike for the purpose of constructing, <br />reconstructing, improving, repairing, and maintaining such dike to hold back the waters <br />of San Francisco Bay. <br /> <br /> C. The Easement Area may be accessed directly by land owned by the Port. <br />However, the Port desires to access the Easement Area via a non-public service road <br />on adjacent property owned by the City, as further depicted in Exhibit A, attached hereto <br />and incorporated herein by reference (the “Service Road”). <br /> <br /> D. The Service Road is located on property currently occupied by the City’s <br />water pollution control plant (the “Plant”). The City is willing to grant the Port a non- <br />exclusive license to use the Service Road to access the Easement Area, with the <br />understanding that the City may modify the internal circulation of the Plant in the future. <br />Thus, for example only, if a future reconfigured access road originating at Davis Street <br />and crossing over the Plant provides access to the dike improvements, then the Port <br />shall have access to use such road. <br /> <br />NOW, THEREFORE, for good and valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, the City and Port do hereby agree as <br />follows: <br />1. License to Use. The City hereby grants to the Port, its employees, <br />contractors, subcontractors, and agents (collectively the “Port Parties”) for the Port <br />Parties’ convenience and in no way for any present or future right, a non-exclusive, non- <br />possessory, access license to use the Service Road for ingress and egress to the <br />Easement Area for the sole purpose of constructing, maintaining and repairing the dike. <br />Nothing herein shall be interpreted to require the City to maintain the Service Road in its