Reso 2019-199 - Laserfiche WebLink

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2 current location or be interpreted to prevent the City from modifying or eliminating internal circulation at the Plant in the future. If the City continues to maintain a road on property owned by the City that provides access to the Easement Area, the City will allow Port Parties to use such road, as long as use by the Port Parties will not damage such road or interfere with the operation of any existing or future City facilities. 2. Payment. As consideration for City entering into this Agreement, Port shall pay to City the sum of Five Hundred Thousand Dollars ($500,000) (the “Payment”). The Payment shall be sent to the City in the same manner provided for by this Agreement for notices between the Parties, or in such other manner as the Parties may mutually agree. In the event that the Port has not provided the Payment to the City within thirty (30) days of the Effective Date, the City may, in its sole discretion and notwithstanding anything herein to the contrary, terminate this Agreement upon written notice to the Port. 3. Conditions of Use. Port may use the Service Road for ingress and egress subject to the following conditions: (a) The Service Road is secured behind a locked fence. In order to obtain access to the Service Road, the Port must notify the City at least forty-eight (48) hours prior to any use, except in case of emergency, such as breach of the dike, in which case the Port must notify the City immediately. (b) Port and Port Parties will comply with all applicable laws, regulations, rules, and permits pertaining to the use of the Service Road, including, but not limited to the California Vehicle Code, the Occupational Health & Safety Act, and all applicable environmental laws, health and safety laws and regulations, whether federal, state or local. Port shall obtain all permits required for use of the Service Road, or transportation of materials thereon, from any public agency with jurisdiction over such use or transport. (c) The Port shall be liable for any damage to the Service Road or other property owned by the City that occurs as a result of this Agreement and use of the Service Road, except to the extent that any damage is caused by the negligence or willful misconduct of City, or its employees. 4. Term. The license granted in this Agreement will commence on the Effective Date and shall remain in full force and effect until terminated by the Parties (the “Term”). City may terminate this Agreement by written notice to Port following Port’s breach of its obligations under this Agreement, but only if Port has failed to cure such breach within fifteen (15) days of written notice from City, or such other reasonable time as determined by the City. Port’s indemnity obligations set forth in this Agreement survive termination of this Agreement for any reason. 5. Insurance. Before fully executing this Agreement, Port, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that