CITY COUNCIL AGENDA PACKET - Laserfiche WebLink

3 e. Owner shall not install surface improvements or park vehicles in any manner which obstructs access across the length of the Public Trail Easement Area on the Property. 3. Duration. This Agreement shall be a covenant which is to run with the Property and shall be binding upon the transferees, successors, and assigns of the parties hereto and shall be recorded in the Office of the Recorder of Alameda County. Owner may apply to modify or terminate this Agreement at any time by written request of Owner and approval of the termination or modification by the City. Any City-approved modification or termination shall not be effective until approved in writing by the City and recorded in the Office of the Recorder of Alameda County. 4. Failure to Perform Obligations. If, in the reasonable judgment of the City’s Director of Public Works or his or her designee, Owner has failed to maintain properly the Public Trail Easement Area as required by this Agreement, the City may perform such maintenance, at its option, after thirty (30) days' prior written notice to Owner of such failure to maintain. City will make reasonable efforts to reach Owner by phone and email as well. Notices required hereunder shall be deemed effective two (2) days after mailing. If Owner has failed to maintain the Public Trail Easement Area after written notice and the lapse of thirty (30) days, the City may elect to perform, but is not required to perform, such maintenance, which shall be at the Owner’s sole expense and Owner, upon demand by the City, shall pay to the City all reasonable expenses incurred by the City in the performance of such maintenance. The City's remedy provided in this paragraph shall be in addition to any other rights and remedies the City may have at law or in equity. If any maintenance, repair, or replacement of the Public Trail Easement Area needs immediate correction as a result of a public safety or health hazard, as reasonably determined by the Director of Public Works or his or her designee, and such maintenance is not performed, or cannot be performed, by Owner within twenty-four (24) hours of receipt of such notice thereof, which notice will be sent by personal delivery to the Property address and City will make reasonable efforts to reach Owner by phone and email, the City may perform or cause to be performed such maintenance at Owner’s expense, and Owner, upon demand by the City, shall pay to the City all reasonable expenses incurred by the City in the performance of such maintenance. 5. Performance. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect. 6. Compensation. The Owner will not be compensated for Public Trail Easement Area maintenance; it is a requirement of ownership of the Property. 7. Reimbursement of Expense. The Owner will not be reimbursed for expenses incurred by the Owner in connection with providing the Public Trail maintenance set forth in this Agreement. 8. Capacity/Independent Contractor. In providing the Public Trail Easement Area maintenance under this Agreement it is expressly agreed that the Owner is acting independently Page 189 of 350