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<br />~l-7 <br /> <br />restrictions contained in the Grant Deed dated August 28, 1998, and recorded September 11. <br />1998 from Redwood Shores Properties to RSOA ("Deed Restrictions"). <br /> <br />C. City desires to obtain access rights to the Lagoon over and across a portion of <br />the Property and the Boat Ramp for purposes of routine and emergency maintenance and <br />cleaning of the Lagoon. City also desires to have the right to use the Property for City- <br />sponsored events no more than once per year. <br /> <br />D. The Docks are in need of repairs and maintenance. In consideration of RSOA's <br />granting the access and use rights desired by City, City has agreed to provide RSOA with <br />certain funds through its General Improvement District 1-64 ("GID 1-64") fQr the purpose of <br />repairing the Docks and performing other repairs and improvements to the Property. <br /> <br />E. RSOA is willing to grant to City the Lagoon access and use rights as granted <br />herein, subject to the terms and conditions set forth in this Agreement. <br /> <br />AGREEMENT <br /> <br />1. Access Easement for Emergencies and Routine Lâ~oon Maintenance. <br /> <br />1.1 Grant of Access Easement. RSOA hereby grants to City a non-exclusive <br />ingress and egress easement ("Access Easement") over and across the "Boat Ramp Access <br />Area" and the Boat Ramp for the purposes of launching and operating watercraft to allow City <br />to conduct both" Routine Lagoon Maintenance" and" Emergency Lagoon Maintenance" <br />(which terms are hereinafter defined), subject to the limitations, covenants, and conditions <br />contained herein. "Boat Ramp Access Area" means that portion of the Property so designated <br />on the map of the Property attached hereto as Exhibit B and incorporated herein by this <br />reference; or such substantially equivalent access as RSOA may designate from tirTIe to time. <br />"Routine Lagoon Maintenance" means regularly scheduled chemical treatment of the Lagoon <br />water, mechanical removal of vegetation from the Lagoon, removal of trash and debris <br />therefrom, water quality sampling, inspection of Lagoon conditions, inspection and repair of <br />irùets and tide gates, and related activities. "Emergency Lagoon Maintenance" means <br />activities conducted by City necessary to avoid imminent danger to the public health and <br />safety. <br /> <br />1.2 Emergencv Access. Notwithstanding the use restrictions set forth below <br />regarding City's use of the Access Easement for Routine Lagoon Maintenance, City shall have <br />the right to use the Access Easement for access to the Lagoon for Emergency Lagoon <br />Maintenance. <br /> <br />2 <br /> <br />Easemem-RSOA <br />Feb. 11. 2000 Draft from RSOA <br /> <br />'-'- '~ <br />