SLUSD Temporary License Agreement 20230727

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1 RIGHT OF ENTRY AND TEMPORARY LICENSE AGREEMENT This Right of Entry and Temporary License Agreement (“Agreement”) is entered into effective as of July 27, 2023 (“Effective Date”), by and between the City of San Leandro (the “City”) and San Leandro Unified School District (“Property Owner”), collectively referred to herein as the “Parties.” RECITALS A. Whereas, Property Owner owns that certain real property located at 1200 Bancroft Ave., San Leandro, APN No. 77-470-1-3 (the “Property”); and B. Whereas, the City owns a pedestrian bridge which crosses over the San Leandro Creek connecting Cary Drive and Haas Avenue in the City of San Leandro, located near or adjacent to the Property; and C. Whereas on or about March 21, 2023, heavy rains, winds and other weather elements caused a nearby tree and debris to fall onto the pedestrian bridge causing substantial damage to the pedestrian bridge, preventing pedestrian thoroughfare and other use; and D. Whereas, the City and Property Owner desire, for the benefit of the public and the Property Owner, that the City perform tree removal, bridge removal and other work necessary to demolish and remove the pedestrian bridge (the "Work"); and E. Whereas, the Parties desire to enter into this Agreement in order to grant the City and its assignees the right to enter upon the Property for ingress and egress to the pedestrian bridge in order to perform the Work (“Permit Area”). NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. Right of Entry and License. Provided that all of the terms and conditions of Section 3 of this Agreement are fully satisfied, Property Owner hereby grants to the City and its agents, a temporary license and conditional right to enter upon the Property (the "Right of Entry''), for a continuous period beginning from the time of first entry onto the Property until the completion of the Work, for the purpose of ingress and egress to and from the pedestrian bridge, including but not limited to, access by City employees, agents, equipment and material, for purposes of carrying out the Work. The City's right to enter the Property and license shall terminate upon completion of the Work unless expressly extended by the Property Owner in writing. This grant of license shall not constitute a grant of property rights and shall be governed by the terms and conditions contained in this Agreement. DocuSign Envelope ID: 67CC204E-2AF2-480D-B72A-C10E07FFFAE0