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AGREEMENT CONCERNING <br />ENCROACHMENT TO BRIDGE ABUTMENT <br /> <br /> THIS AGREEMENT is made this ~ day of <br />between the CITY OF PLEASANTON, a municipal corporation cI~Jthe State <br />("City"), and the ALAMEDA COUNTY FLOOD CONTROL & WATER <br />CONSERVATION DISTRICT, ZONE 7, ("Zone 7")~ <br /> <br />,2000 <br />of California <br /> <br />RECITALS: <br /> <br /> A. City is the owner of a bridge within and across the Arroyo Del Valle, at <br />Division Street and Hopyard Road, Pleasanton, California. <br /> <br />abutment. <br /> <br />Zone 7 desires to attach its new concrete weir to the City-owned bridge <br /> <br /> C. Zone 7 has obtained approval from City, and City is willing to permit <br />Zone 7 to attach its concrete weir to the City-owned bridge abutment subject to the terms <br />and conditions set forth herein. <br /> <br /> NOW, THEREFORE, in consideration of the mutual promises contained herein, <br />the parties agree as follows: <br /> <br /> 1. Permission to Use City Property. City permits Zone 7 to attach its <br />concrete weir to the City-owned bridge abutment (the "Property"), which will allow Zone <br />7 to operate and maintain its stream gage and related facilities, as shown on the attached <br />Exhibit "A" Sheets 1,3,4, incorporated herein by this reference. <br /> <br /> 2. Term. This Agreement shall begin on ,~,~ _Z' ,2000 and shall <br />terminate as provided herein, c~4 <br /> <br /> 3. Reoairs. Maintenance and Alterations. Zone 7 acknowledges that it is <br />receiving permission to attach its concrete weir to City's bridge abutment which is in an <br />"as is" condition. City makes no representations about the condition (structural or <br />otherwise) of the bridge abutment. Zone 7 shall keep its weir on the Property in a good <br />condition during the term of this Agreement at Zone 7% own expense and shall not <br />adversely impact the condition of the property. Upon termination of this Agreement, <br />Zone 7 shall remove all improvements and leave the Property to City in the condition and <br />repair as prior to the agreement (ordinary wear excepted). No further improvements or <br />alterations of the Property shall be made without prior written consent of the City. Prior <br />to the commencement of any substantial repair, improvements, or alterations to the <br />Property, Zone 7 shall give City at least 30 days written notice. Zone 7 shall not commit <br />any waste upon the Property. <br /> <br /> <br />