Laserfiche WebLink
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 the Subject Property shall be for a period of forty (40) <br /> months; said TCE period shall commence upon recordation of the Grant of Temporary Construction. <br /> At least thirty (30) days' advance written notice will be given to Grantor before entry on the Subject <br /> Property. It is further understood that in no event shall the temporary right granted herein extend <br /> beyond the completion of the Project or December 31, 2024, 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, 2025. <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 /> and recordation of the Grant of Temporary Construction Easement, and that the amount shown in <br /> 2 <br />