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<br />Section 1. Grant of Easement
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<br /> Grantor hereby grants to Grantee a continuous and perpetual easement upon, over, under, across
<br />and through the Property for use as a dike for the purpose of constructing, reconstructing, improving,
<br />repairing, and maintaining such dike to hold back the waters of San Francisco Bay and provide flood
<br />protection, including incidental roadway purposes.
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<br />Section 2. Term
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<br /> Unless duly terminated earlier, the term of this Grant of Easement shall be continuous and
<br />perpetual commencing on the date this Grant of Easement is signed as approved as to form and legality by
<br />the Port Attorney.
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<br />Section 3. Maintenance of the Dike
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<br /> The Property, and any dike constructed thereon, shall be maintained in good and sanitary order
<br />and condition, and shall be operated, repaired and, as necessary, replaced at Grantee’s sole cost. Grantee
<br />shall, at Grantee’s sole cost, perform all activities on or about the Property in a good and workmanlike
<br />manner, and shall comply with all laws, rules, regulations, codes, orders and ordinances that apply to such
<br />activities. Grantee shall keep the Property free from any and all liens arising out of activities performed
<br />by Grantee. During the maintenance, repair, or replacement of any improvements on the Property, or any
<br />part thereof, Grantee shall maintain, or shall cause all contractors entering onto the Property to maintain,
<br />workers’ compensation insurance in the statutorily prescribed amount and commercial general liability
<br />insurance coverage of at least $1,000,000, naming Grantor as additional insureds. Excepting emergency
<br />repairs, Grantee shall provide at least 48 hours advance notice to Grantor for maintenance access to the
<br />easement area. Grantee shall conduct maintenance activities in a manner that does not interfere with or
<br />obstruct Grantor’s routine operations. In the event that emergency repairs are necessary, Grantee shall
<br />provide notice to the Grantor of such repairs as soon as possible. Notice regarding repairs shall be
<br />provided to:
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<br />City of San Leandro
<br />Water Pollution Control Plant Manager
<br />3000 Davis Street
<br />San Leandro, CA 94577
<br />(510) 577-3434 (business hours)
<br />(510) 577-2740 (Police dispatch – use for after-hours emergencies only)
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<br />Section 4. Termination
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<br /> All or any part of this Grant of Easement may be terminated upon failure by the Grantee
<br />to comply with any of its terms and conditions, or upon abandonment of the rights granted herein.
<br />Further, all or any part of this Grant of Easement may be terminated upon failure by Grantee to comply
<br />with any of the terms and conditions set forth in that certain grant of easement by Grantee for roadway
<br />purposes, dated _________________, 2019, granting to Grantor rights and responsibilities to construct
<br />and maintain a portion of Eden Road in the Port Area of the City of Oakland, or upon failure of Grantor to
<br />enter into such grant of easement.
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<br />Section 5. Hold Harmless
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<br /> Grantee shall indemnify, defend, reimburse and hold harmless Grantor, and each of its
<br />employees, officers, agents, contractors, heirs, successors, and assigns, from and against any and all
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