AgdaPkt 2021.04.12 Joint SA PFA - Complete Agenda Packet

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6.C. - Page 62 of 147 to ensure that Grantee Agencies have reasonably convenient ongoing access to such Drainage Easement Area. Each Grantee Agency agrees to be responsible for any damage caused to the Cargill Property, including trails and roadways, by the operation of vehicles and equipment by such Grantee Agency which exceed the H-20 traffic rating, assuming a 32,000 -pound load per axle (or 16,000 pound wheel load), and to be responsible for the maintenance and repair of any trails or roadways utilized by such Grantee Agency on the Cargill Point Property and Cargill Property pursuant to the Drainage Access Easement to the extent required under California Civil Code Section 845. All access pursuant to the Drainage Access Easement shall comply with the "Access Protocols" set forth in Section 6 below. The Grantee Agencies, and each of them, shall be solely responsible for all costs, permits, approvals and compliance with applicable laws that may be associated with the exercise of rights and obligations granted pursuant to the Drainage Access Easement. Cargill Point and Cargill retain the right to make any use of the Cargill Point Property or Cargill Property, respectively, or take other actions that do not unreasonably interfere with the Grantee Agencies' use and enjoyment of the Drainage Access Easement. 5. Acknowledgement, The County acknowledges and agrees that any rights and obligations it had under the 1952 Easement Agreement were assumed by operation of law by Menlo Park and/or the District. 6. Access Protocols. The Grantee Agencies each agree to provide written notice to Cargill Point and Cargill for access to either the Cargill Point Property or Cargill Property at least five (5) days prior to accessing either property to initiate any activities authorized by this Agreement and any operations, maintenance, replacement or construction activities; provided, however, that in the event a Grantee Agency requests access to either the Cargill Point Property or the Cargill Property in order to perform emergency operations, maintenance and/or repairs as reasonably determined by the Grantee Agency(ies) requesting access ("Emergency"), the Grantee Agency shall provide the designated contacts for Cargill Point and Cargill with immediate notice by phone, followed by written notice within twenty-four (24) hours thereafter. Access to either the Cargill Point Property or Cargill Property will be permitted only during normal business hours or as otherwise agreed in writing between the Parties, or except in the event of an Emergency as described above, and will not unreasonably interfere with Cargill Point or Cargill operations at the Cargill Point Property or Cargill Property, respectively. Each Grantee Agency agrees to provide Cargill Point and Cargill with a copy of all information, analytical results, final reports and data resulting from any operations, maintenance and report activities authorized by the Drainage Easement upon a written request, provided, however, that a Grantee Agency may withhold any requested records which are subject to the attorney-client privilege and/or attorney work product doctrine. Each Grantee Agency agrees that it and its employees, agents, licensees, invitees, and contractors shall present proper credentials when seeking access to either the Cargill Point Property or the Cargill Property for any activity authorized by this Agreement, and shall perform all work on Cargill Point Property and Cargill Property in a professional and workmanlike manner in accordance with all applicable industry standards and safety requirements and environmental laws and regulations for similar work and in compliance with Cargill's safety requirements attached hereto as Exhibit "E", which may be updated in writing by Cargill. Each Grantee Agency further agrees that, except in the case of an Emergency as defined above, Cargill Point or Cargill may stop a Grantee Agency from performing some or all activities authorized by this Agreement on the Cargill Point Property or the Cargill Property and/or limit access to either property to any person in the event of a Grantee 2 155