|
and all related or affiliated private or public agencies or entities, from all rights, claims, demands,
<br /> actions or causes of actions which Grantor now has or may have in the future against Alameda CTC
<br /> arising out of or pertaining to any occurrence, event, circumstance or matter of any kind or nature
<br /> relating in any way to the acquisition of the Subject Property or from the construction and use of the
<br /> Project as proposed, planned and designed, and Grantor is not entitled to any further compensation
<br /> herein, including further compensation for the acquisition of the Subject Property, any improvements
<br /> thereto, inverse condemnation, severance damages, relocation benefits, reestablishment benefits, the
<br /> cost or value of any equipment or fixtures, related expenses, attorneys' fees and costs, and lost
<br /> goodwill.
<br /> 7. It is further agreed and confirmed by the parties hereto that permission is hereby granted to
<br /> Alameda CTC, and/or their respective designees, assignees, or agents to enter upon Grantor's land
<br /> where necessary with personnel, vehicles and equipment within the Temporary Construction
<br /> Easement ("TCE") area more fully described in Exhibit A attached hereto and made a part hereof, for
<br /> the purpose of a temporary construction easement and to remove all improvements within the
<br /> easement area including structures, fencing and vegetation thereon that interfere with the purpose for
<br /> which this easement is granted.
<br /> 8. The Subject Property is to be used for temporary construction purposes in connection with the
<br /> project; the herein acquired rights of usage in said parcel shall be for a period of 30 months; said TCE
<br /> period shall commence upon either recordation of the TCE or Caltrans approval of the Right of Way
<br /> Certification confirming that said TCE has been secured for the Project, whichever event occurs first.
<br /> At least 30 (thirty) days advance written notice will be given to Grantor before entry on said parcel. It
<br /> is further understood that in no event shall the temporary right granted herein extend beyond the
<br /> completion of the construction project or December 31, 2023, whichever is earlier, except as provided
<br /> in next paragraph 9 below.
<br /> 9. In case of unpredictable delays in construction, upon written notification, the terms of the
<br /> temporary construction easement may be extended by amendment to the Contract. Grantor shall be
<br /> compensated based on the fair market value at the time of the extension. Payment shall be made to
<br /> Grantor for the extension prior to the expiration of the original period. In no event shall the TCE extend
<br /> beyond December 31, 2024.
<br /> 10. In the event Grantor sells, conveys or assigns Grantor's land as described in Exhibit A,
<br /> Grantor shall notify the successor or assigner of the rights and obligations contained in this Contract.
<br /> Grantor shall indemnify and hold Alameda CTC harmless from any such claims by any third party for
<br /> any compensation arising from the temporary construction easement described in Exhibit A or the
<br /> construction of the public improvement project.
<br /> 11. This grant of Temporary Construction Easement and all the covenants contained herein shall
<br /> inure to the benefit of Acquiring Parties, and be binding on Grantor and Grantor's heirs, successors
<br /> and assigns. In the event Grantor sells, conveys or assigns any interest to the Subject Property,
<br /> Grantor shall notify the successor or assignee of the rights and obligations of the parties as included
<br /> herein. Grantor shall indemnify and hold Acquiring Parties harmless from any such claims by any third
<br /> party for any compensation arising from the Temporary Construction Easement on the Subject
<br /> Property or the construction of the project.
<br /> 12. All work done under this contract shall conform to all applicable building, fire and sanitary laws,
<br /> ordinance, and regulations relating to such work, and shall be done in a good and workmanlike
<br /> manner. All structures, improvements or other facilities, when removed, and relocated, or
<br /> reconstructed by the Alameda CTC, shall be left in as good condition as found.
<br /> 13. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this
<br /> Contract, the right of possession and use of the Subject Property by Alameda CTC and/or their
<br /> respective designees, assignees, or agents including the right to remove and dispose of
<br /> improvements, and install and connect utilities, shall commence on the date funds are paid to Grantor,
<br /> 2
<br />
|