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Packet 20231120
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Last modified
3/21/2024 5:57:18 PM
Creation date
12/26/2023 3:19:10 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/20/2023
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PERM
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Bandwidth Lease Agreement 20231024
(Amended)
Path:
\City Clerk\City Council\Agreements\2023
Reso 23-158 Bandwidth Easement
(Amended)
Path:
\City Clerk\City Council\Resolutions\2023
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across the lands of Grantor situated in the City of San Leandro, County of Alameda, State of <br />California, described as follows: <br /> <br />(APNs: 80G-910-5-2, 80G-910-4-2, 80G-900-1-7 and 80G-910-1-6) <br /> <br /> <br />The strip of land described in EXHIBIT “A” attached hereto and made a part hereof. <br /> <br />(a) Grantor also grants to Grantee the right to use such portion of said lands contiguous to said <br />easement area as may be reasonably necessary in connection with the excavation, construction, <br />reconstruction, replacement, removal, maintenance, and inspection of said Facilities. <br /> <br />(b) Grantor hereby covenants and agrees not to place or construct, nor allow a third party to <br />place or construct, any building or other structure, or store flammable substances, or drill or <br />operate any well, or construct any reservoir or other obstruction within said easement area, or <br />diminish or substantially add to the ground level within said easement area, or construct any <br />fences that will interfere with the maintenance and operation of said facilities. <br /> <br /> 2. Term. This Easement shall continue in full force and effect in perpetuity from the <br />date of recordation of this Easement, except as may be provided for in Section 6 of this <br />Easement. In the event Grantee shall perform any work or make any excavation on said lands <br />pursuant to this grant, Grantee shall restore said lands in accordance with City of San Leandro <br />standards, including, without limiting the generality of the foregoing, pavement, sidewalks, <br />lawns and shrubs. <br /> <br /> 3. Maintenance Grantee shall be responsible for maintaining any Facilities and <br />appurtenances thereto, as described above, that it installs in the Easement Area in good condition <br />and repair. Any future maintenance or replacement operations to be performed by Grantee on <br />said lands shall be done in such a manner so as not to unreasonably interfere with Grantor's <br />operations. Grantee shall be fully responsible for the repair of any damage caused to the <br />Easement Area during the course of its use by Grantee and shall make such repair as necessary to <br />restore the Easement Area in accordance with City of San Leandro standards. <br /> <br /> 4. Indemnity Grantee shall indemnify, protect and defend Grantor against and hold <br />Grantor harmless from any and all claims, causes of action, judgments, obligations or liabilities, <br />and all reasonable expenses incurred in investigation or resisting the same (including reasonable <br />attorneys' fees), to the extent they arise out of, the installation, maintenance, and use of the <br />easement area by Grantee and/or Grantee's agents, employees, contractors (and their <br />subcontractors,), except to the extent it arises from the active negligence or willful misconduct of <br />Grantor or Grantor's agents, employees, contractors (and their subcontractors) or invitees. <br /> <br /> 5. General Provisions <br /> <br />a. Assignment: Binding on Successors This Easement runs with the land and <br />shall be binding upon and inure to the benefit of the respective heirs, executors,
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