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08
City of Pleasanton
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CITY CLERK
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2012
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091812
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9/13/2012 1:52:29 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/18/2012
DESTRUCT DATE
15Y
DOCUMENT NO
08
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WHEREAS, City desires a license over the Castlewood Property and Castlewood <br /> desires a license over the City Property, hereafter collectively referred to as "Licensed <br /> Areas"; <br /> NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of <br /> which are hereby acknowledged, the Parties agree as follows: <br /> 1. License Granted to Castlewood. Subject to the terms of this Agreement, <br /> Castlewood is granted a nonexclusive license over City Property subject to the <br /> following: <br /> a. Access to the City Property shall be directly from Castlewood's property <br /> immediately adjacent to the Licensed Areas. <br /> b. Castlewood may use the City Property for the purpose of constructing an <br /> enclosure around its water pumps in accordance with the drawings attached <br /> as Exhibit "C". <br /> c. The Licensed Areas granted to Castlewood are nonexclusive arid shall be <br /> those depicted and shown on the attached Exhibit "C". <br /> 2. License Granted to City. Subject to the terms of this Agreement, City is granted a <br /> nonexclusive license to cross over the Castlewood Property subject to the <br /> following: <br /> a. Access shall be directly from Castlewood Drive onto Castlewood's Property <br /> via an existing gravel pathway as generally depicted and shown on the <br /> attached Exhibit "D". Except as otherwise provided below, City shall <br /> provide Castlewood with notice 10 business days prior to its intended entry <br /> which notice shall include a description of equipment and materials City <br /> intends to use together with a description of the work proposed and the <br /> duration of its proposed activities. Such entry shall be subject to <br /> reasonable limitations imposed by Castlewood (Including, but not limited to, <br /> times of day and days of the week). The notice provided herein may be <br /> reduced to 24 hours in the event of a need to perform emergency repairs. <br /> Castlewood shall have the right to relocate the Access route after first <br /> providing 30 days notice to City. <br /> b. City may use the access to the Castlewood Property for the following <br /> purposes: in order to perform maintenance activities or installation of <br /> improvements on City Property adjacent to Castlewood Property. The <br /> Licensed Areas granted to City are nonexclusive. <br /> 3. License Fee. These reciprocal Licenses shall not require payment of any rent or <br /> other charges by either Party to the other for the use of the Licensed Areas for the <br /> purposes for which it is permitted. <br /> 4. Duration of Licenses. These Licenses shall be perpetual in duration unless either <br /> party revokes by giving 120 days written notice to the other. In the event of such <br /> termination, Castlewood shall remove those improvements that exist on <br /> 2 <br />
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