Entry Agreement Reichert Property for Bridge Design

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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 February 27, 2025 (“Effective Date”), by and between the City of San Leandro (the “City”) and Frederick and Tricia Reichert (“Property Owners”), collectively referred to herein as the “Parties.” RECITALS A. Whereas, Property Owner owns that certain real property located at 675 Haas Ave., San Leandro, APN No. 76-389-1-1 (the “Property”); and B. Whereas, the City desires to replace a recently removed pedestrian bridge which crossed 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, the City and Property Owner desire, for the benefit of the public and the Property Owner, that the Property Owner allows design consultants access for the purpose of evaluating existing site conditions to collect information necessary to complete the design of a new bridge. D. 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 project location in order to perform the Work. 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. 2. Work. The proposed bridge design activities requiring site access are as described below. Each of these four tasks is an approximately 1-day evolution that will take place during normal work hours: A. Biological survey of the flora and fauna approximately 100-ft north and south of the bridge alignment. B. Cone penetration test (CPT) probes for evaluation of soil properties and collection of soil samples at the location of each of two existing abutments on either side of Docusign Envelope ID: D86C29E6-E027-4583-9D7C-FF67B9FF847B