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NOW, THEREFORE, City and Zone 7 in consideration of the above recitals of fact,
<br /> and the mutual covenants and obligations hereunder, the parties, for themselves and their
<br /> successors and assigns, hereby agree as follows:
<br /> AGREEMENT
<br /> 1. Grant of Easement: Zone 7 hereby grants to City a non-exclusive easement for
<br /> purposes of the construction, operation, use, maintenance, repair, alteration, removal and
<br /> replacement of the Bridge Improvements as well as maintenance and repair of the Channel,
<br /> under, upon, across and through all that certain real property in the City of Pleasanton, County
<br /> of Alameda, State of California, described and depicted in Exhibit A, attached hereto and
<br /> incorporated herein by reference(hereinafter the "Easement Area"):
<br /> 1.1 As used herein, the term "Bridge Improvements" shall mean and refer to
<br /> two permanent concrete bridges situated upon and over the Channel, and all roadways, piers,
<br /> abutments, railings, approaches and other equipment, components, facilities, and improvements
<br /> related thereto as well as the installation, maintenance, use, improvement, replacement and
<br /> repair of utilities, including but not limited to sanitary sewer, storm drain, water, recycled
<br /> water, and gas conduits and pipelines, electrical, telephone, cable television and other
<br /> communications lines and cable, and other utilities and for street lighting and street
<br /> signalization.
<br /> 1.2 If revisions are made to the Approved Plans for the Bridge
<br /> Improvements, City shall submit the revised plans and specifications to Zone 7 for review and
<br /> written approval. Written approval will be given if Zone 7 determines that the revised Bridge
<br /> Improvements would not substantially conflict or interfere with the use of the Channel area for
<br /> flood control purposes, Revisions that may not be acceptable include Bridge Improvements
<br /> that adversely impact HEC-RAS hydraulic modeling Scour Analysis, Bridge height clearances,
<br /> or access roads.
<br /> 1.3 City's contractor shall obtain an encroachment permit from Zone 7 prior
<br /> to commencing construction of the Bridge Improvements. The encroachment permit will be
<br /> issued at no cost to the City within three(3) working days, if possible, provided no major
<br /> revisions to the Approved Plans have been made and the Contractor has submitted a work plan
<br /> and schedule, proof of insurance, and final plans which identify the of limits of work and
<br /> construction laydown areas.
<br /> 1.4 City shall have the non-exclusive right of ingress to and egress from the
<br /> Easement Area hereinabove described for the purpose aforesaid by way of such roads or
<br /> passageways as may now or hereinafter exist on Zone 7's property. The granting of such
<br /> access rights shall be contingent upon City not interfering with the primary use of the property
<br /> for flood control purposes.
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