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RES 86435
City of Pleasanton
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RES 86435
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12/16/1999 11:20:46 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
9/16/1986
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replace any traffic signals or related equipment located on or in <br /> such metal arch structures. <br /> <br /> If Hacienda so damages, interferes with, or obstructs the use <br />of City-owned real property not included in this permit, Hacienda <br />shall bear all costs and expense thereby incurred by said City, <br />agents, employees, contractors or subcontractors, and Hacienda <br />shall reimburse said City, agents, employees, contractors or <br />subcontractors for such cost and expense of City upon demand by <br />city. Hacienda further acknowledges and agrees that in the event <br />of removal, damage, destruction or otherwise altering of the <br />condition of said metal arch structures by third parties, <br />Hacienda shall reconstruct, reinstall, and repair said metal arch <br />structures. Costs and expenses of the reconstruction, <br />reinstallation, and repair shall be billed to the party causing <br />the damages or otherwise altering the condition of the <br />structures. <br /> <br /> In the event the City, its agents, employees, contractors or <br />subcontractors damage or otherwise alter the conditions of the <br />said metal arch structures or any portion thereof, in connection <br />with the ownership and use of City-owned real property adjacent <br />to and abutting the subject premises Hacienda shall promptly <br />reconstruct, reinstall or repair said metal arch structures. <br />costs and expenses of the reconstruction, reinstallation, and <br />repair shall be billed to the party causing the damages or <br />otherwise altering the condition of the structures. <br /> <br /> 6. Release. Hacienda shall be responsible and liable for <br />all damages to persons or property, including the injury or death <br />of persons, due directly or indirectly to Hacienda's construction <br />and/or maintenance of the said metal arch structures and the use <br />permitted hereunder, and shall promptly pay any just claim <br />therefor and shall hold the City of Pleasanton, its Council, <br />officers, boards, commissions, councilmembers, agents and <br />employees, harmless from all suits, actions, damages, or claims <br />to which said City may be subjected by reason of said <br />construction and/or maintenance of said metal arch structures or <br />easement or use thereof permitted hereunder. <br /> <br /> 7. Term. This easement shall be granted for a period of <br />fifty (50) years and shall be renewed upon written request by <br />Hacienda and approval by City Council for 10-year periods <br />thereafter. <br /> <br /> 8. Transfer. The terms and conditions hereof shall be <br />binding upon and be for the benefit of the successors in interest <br />of Hacienda, its assigns, transferees, heirs, or grantees of <br />Hacienda. <br /> <br /> 9. Acceptance. This Grant of Easement shall not be <br />effective until fully executed and recorded. <br /> <br /> 10. Insurance. Hacienda shall secure, carry and maintain at <br />all times in form and amount approved by the City Attorney during <br />the period covered by this Grant of Easement, at Hacienda's sole <br /> <br /> - 2 - <br /> <br /> <br />
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