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<br />ORIGINAL
<br />
<br />ENCROACHMENT PERMIT AGREEMENT
<br />(Spar Drive Levee Access I Matsuyama)
<br />
<br />This Encroachment Permit Agreement ("Permit"), effective as of November 4. 2005, is made by
<br />and between the City of Redwood City ("City") and Tadashi Matsuyama ("Permittee") to
<br />allow Permittee, its agents and subcontractors to temporarily encroach on a portion (the "Property") of
<br />Spar Drive Levee Access, which is more specifically identified on the attached Exhibit "A," for the purpose
<br />of accessing Permittee's property.
<br />
<br />NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
<br />
<br />1. Scope of Permit. City hereby grants this temporary and non-exclusive Permit to
<br />Permittee, its employees, agents and contractors to enter upon the Property for the purpose of accessing
<br />Permittee's property during the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding
<br />Holidays. No storage of materials or overnight parking of vehicles is allowed on the Property.
<br />
<br />2. Temporary Permit. This Permit is temporary in nature and expires on December 4. 2005.
<br />This Permit does not constitute a deed, grant, of easement or lease, or other conveyance of any right, title,
<br />or interest in or to the Property. The City or Permittee, respectively, as terminating party may terminate
<br />this Permit at any time during which it is in effect by giving notice thereof to the non-terminating party not
<br />less than seven (7) days prior to the effective date of termination.
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<br />3. Condition of Property. Permittee shall, at its own cost and expense, keep all portions of
<br />the Property clean, neat, orderly and free of papers, debris, wastes of other articles or things which
<br />increase the danger of fire or detract from the aesthetic appearance of the Property.
<br />
<br />Permittee shall not make, or cause to be made, nor allow to be made, alterations or
<br />improvements to the Property. If, at any time, any of Permittee's activities conducted pursuant to this
<br />Permit causes any damage to any portion of the Property, Permittee will promptly repair such damage to
<br />City's satisfaction. Permittee shall, at its own cost and expense, use the Property in such manner as to
<br />avoid discharging dust, solids, fumes, odors, gases or liquids into or on the Property, or otherwise into the
<br />environment so as to pollute the same.
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<br />Permittee shall not bring or store upon the Property any hazardous waste, materials or things.
<br />Without limitation on the foregoing, Permittee shall, at Permittee's sole cost and expense, immediately
<br />remove and properly dispose of any and all hazardous wastes, materials, or other things or objects
<br />prohibited hereunder which may have been deposited in, upon or over the Property arising from
<br />Permittee's use and occupancy thereof. In the event any such hazardous materials, wastes, or other
<br />prohibited thing or object is deposited on the Property by Permittee, or is otherwise so deposited from
<br />Permittee's use and occupancy thereof, Permittee shall immediately notify City of such event, and shall,
<br />as aforesaid, immediately commence removal thereof. Said removal shall be subject to the requirements
<br />of City, and the Property shall be restored to a condition substantially conforming to that existing prior to
<br />the occupancy thereof by Permittee.
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<br />4. City Access. City reserves the right to unlimited access to the Property or any part thereof
<br />for any purpose in furtherance of City's use of the Property.
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<br />5. Restoration. Upon the termination or revocation of this Permit, Permittee shall restore
<br />the Property to substantially the same condition existing prior to such construction or installation, upon the
<br />termination or revocation of this Permit, unless the prior written approval of City is secured.
<br />
<br />6. Holdover. If, upon expiration or revocation of this Permit, Permittee remains on the
<br />Property, City may remove any of Permittee's personal property remaining on the Property without written
<br />notice to Permittee. Permittee waives all claims against City for any loss of revenue or damage to
<br />Permittee's personal property resulting from City's retention or disposition of the personal property.
<br />Permittee is liable to City for City's costs for storing, removing, or disposing of any of the personal
<br />property.
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<br />Atty/Permits/Park Encroachment Permit
<br />071904
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