RES 231354 - Laserfiche WebLink

1. DEFINITIONS: As used in this License, "the Property" shall refer to that portion of the former Southern Pacific Transportation Company right of way in the City of Pleasanton, located between the north side of Interstate Freeway Route I-580 and Valley Avenue more particularly shown on Exhibit"A", attached hereto and made a part hereof or any additions thereto. This includes, but is not limited to, those existing improvements installed as part of Tract 6738 in the City of Pleasanton between Owens Drive and Tassajara Creek unless such improvements are re- constructed to LICENSEE's standards and has met LICENSEE's approval. As used in this License, `the Trail" shall refer to a 20-foot wide area within the Property which may include, subject to LICENSOR's approval and inspection, an existing rock or asphalt concrete path, shoulder, equestrian trail, fencing bollards, signage, drinking fountain(s) and other appropriate trail improvements as set forth on Exhibit "B" attached hereto and which is subject to additions thereto as hereinafter set forth in this agreement. 2. TITLE OF LICENSOR: LICENSEE hereby acknowledges the title of LICENSOR in and to the Property and agrees never to assail or to resist said title. LICENSEE agrees that it has not acquired nor will it hereafter acquire any rights or interest in the Property, nor does LICENSEE have nor will it obtain any right or claim to the use of the Property beyond those specifically granted in this License. 3. TERM: Unless suspended or partially revoked as hereinafter set forth, this License to construct, operate and maintain a Trail to be used by the general public shall terminate twenty-five (25) years from the date hereof. By mutual written consent of the parties hereto, it may be extended for an additional terms of ten (10) years each thereafter. 4. PRIMARY USE OF PROPERTY: The Property consists of a corridor, which LICENSOR or its designees is in the process of developing. for transportation, utility and other related purposes. Underground utilities facilities are already in place and it is anticipated that, in the future, a mass transportation system and additional utility facilities will be constructed on or installed in the Property. Any and all rights granted or implied by this License shall be subordinated to the uses just mentioned, as well as to other uses of the Property made or permitted by LICENSOR. LICENSEE acknowledges that the uses just described constitute the primary uses of the Property and that LICENSEE's use of the Trail pursuant to this License is secondary and subordinate to said primary uses. LICENSEE'shall not, at any time, use or permit the public to use the Trail in any manner that will materially interfere with or impair said primary uses of the Property including but not limited to LICENSOR's "License for the Construction and Operation of Telecommunications System on Specified County of Alameda Properties" 2 Prop.M gt.SP.EastBayRegi onal ParkDistrict.Trai1.9/97