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<br /> NOW, THEREFORE, in consideration of these premises, the mutual covenants set forth below,
<br />and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor and
<br />Grantee agree as follows:
<br />
<br />Section 1. Grant of Easement
<br />
<br /> Grantor hereby grants to Grantee a continuous and perpetual easement upon, over, under, across
<br />and through the Property for the purpose of constructing, reconstructing, improving, repairing, and
<br />maintaining a public road, including incidental purposes, as well as for the purpose of the installing,
<br />constructing, operating, inspecting, repairing, replacing and maintaining utility pipelines, fiber conduit,
<br />and all appurtenances incidental thereto.
<br />
<br />Section 2. Term
<br />
<br /> Unless duly terminated earlier, the term of this Grant shall be continuous and perpetual
<br />commencing on the date this Grant is approved by the respective governing bodies of the Grantor and
<br />Grantee and executed by such governing bodies’ authorized representatives (the “Effective Date”).
<br />
<br />Section 3. Removal of Barriers
<br />
<br /> Within 365 days of the Effective Date, Grantor shall, at its sole cost and expense, remove the
<br />fence currently located on the Property, including poles, netting and any other components. Grantor shall
<br />not construct or maintain any wall, fence or barrier of any kind which impairs or impedes access to, or use
<br />of, the Property as a public road without the prior written consent of the Grantee.
<br />
<br />Section 4. Maintenance of the Road
<br />
<br /> The Property shall be maintained in a good and safe order and condition at Grantee’s sole cost.
<br />Grantee shall, at Grantee’s sole cost, perform all activities on or about the Property in a good and
<br />workmanlike manner, and shall comply with all laws, rules, regulations, codes, orders and ordinances that
<br />apply to such activities. Grantee shall keep the Property free from any and all liens arising out of activities
<br />performed by Grantee. During the maintenance, repair, or replacement of any improvements on the
<br />Property, or any part thereof, Grantee shall maintain, or shall cause all contractors entering onto the
<br />Property to maintain, workers’ compensation insurance in the statutorily prescribed amount and
<br />commercial general liability insurance coverage of at least $1,000,000, naming Grantor as additional
<br />insured. Excepting emergency repairs, Grantee shall provide at least 24 hours advance notice to Grantor
<br />for maintenance access to the easement area, and shall conduct maintenance activities in a manner that
<br />does not interfere with or obstruct Grantor’s routine operations. Notice of repairs shall be provided to:
<br />
<br />Port of Oakland
<br />Attention: Manager - Airport Properties
<br />Oakland International Airport
<br />1 Airport Drive, Box 45
<br />Oakland, CA 94621
<br />Section 5. Termination
<br />
<br /> All or any part of this Grant may be terminated upon failure by the Grantee to comply with any of
<br />its terms and conditions, or upon abandonment of the rights granted herein. Further, all or any part of this
<br />Grant may be terminated upon failure by Grantee to comply with any of the terms and conditions set forth
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