Reso 2019-175 - Laserfiche WebLink

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*�, REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT (this "Agreement") is entered into as of C/ (the "Effective Date"), by and between the City of San Leandro, a California charter city (the "City"), and PCC Structurals, Inc. ("PCC"), to provide for the operation of a lighted crosswalk warning system located in the public right-of-way on Hester Street within the City. PCC and City are collectively referred to herein as the "Parties." RECITALS A. City previously installed a marked crosswalk for improved pedestrian access between a parking lot at 415 Hester Street (APN 077A-0740-019-00) and the PCC corporate building at 414 Hester Street (APN 077A-0740-012-02). B. Subsequent to the crosswalk installation, PCC obtained Encroachment Permit E18-0289 from the City to install permanent concrete curb ramps within the public sidewalk areas on Hester Street to accommodate disabled access between the parking lot and the corporate building using the marked crosswalk. C. PCC now desires to install a proprietary lighted crosswalk warning system within the public right-of-way on Hester Street to further enhance pedestrian safety for travel between the parking lot and the corporate building. D. The proprietary crosswalk warning system desired by PCC is manufactured specifically for the purpose of enhancing pedestrian safety, and is classified as a Rectangular Rapid Flashing Beacon ("RRFB") in the U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices (MUTCD), Interim Approval 21 Memorandum, dated March 20, 2018. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and PCC do hereby agree as follows: 1. License to Use. PCC, its employees, contractors, subcontractors, and agents (collectively the "PCC Parties"), for the PCC Parties' convenience, is hereby provided a nonexclusive, non -possessory, absolutely revocable license to operate an RRFB system within Hester Street to enhance the safety of pedestrians utilizing the marked crosswalk that extends between the parking lot at 415 Hester Street and PCC's corporate building at 414 Hester Street. This revocable license shall be terminated by the City upon one year's written notice to PCC. During the one-year notice period, City shall, in good faith, discuss with PCC alternative means to travel by foot between the parking lot and the corporate building. If the Parties are unable to come to an agreement of alternative means to travel by foot, then this License shall automatically terminate one year from the date of the notice.