RecDoc2025-059135 Encroachment Easement Deed (Stanford)

Browse Search

and agrees that Stanford, including members of its athletic department, students and other invitees, shall require uninhibited access to the sailing docks on and adjacent to the Stanford Property, and that pedestrian and boat access to such sailing docks shall not, except in case of immediate threat of injury to persons or damage to property (an "emergency"), be blocked or impaired unless the specific days and times of any such impaired access are expressly approved in advance by Stanford. (c) City shall provide Stanford with not less than ten (10) days' prior written notice before accessing the Easement Area and/or the Stanford Property. Such notice shall include a general description of the activities to be conducted in the Easement Area, the days and times of such access, and the time period needed to complete such activities. Notwithstanding the foregoing, in the event of an emergency, City shall provide Stanford with such written notice as soon as practicable. (d) Any personal property, equipment, or materials used by any City Access Parties shall be permitted on the Easement Area only while being used, and shall not be left or stored on the Easement Area unattended or overnight. No vehicles shall be permitted on the Stanford Property other than on a temporary basis to the extent necessary while work is being performed on the Easement Area pursuant to this Agreement. Overnight parking is not permitted. All such items located on the Stanford Property by the City Access Parties shall be solely at their own risk. (e) Upon completion of any work or other activities affecting the Easement Area pursuant to this Agreement, City shall promptly remove all personal property, equipment, materials and debris from the Stanford Property, repair any damage to the Easement Area, and otherwise restore the Easement Area to the condition that existed prior to the City's access and use thereof. City shall be responsible for remediation of any release of hazardous materials that any City Access Party brings on to the Stanford Property and that is caused by City or any City Access Parties. Within sixty (60) days after the completion of any construction or replacements of any levee improvements affecting the Easement Area, City shall provide Stanford with as -built plans and specifications with respect thereto. If the portion of the Levee Wall adjacent to the Easement Area is destroyed or demolished and a new levee wall will be constructed in its place, City shall construct the new levee wall and footings so as to eliminate the encroachment of all flood protection devices into the Stanford Property and the Parties shall terminate this Agreement with a quitclaim deed or other recorded instrument acceptable to Stanford evidencing the termination hereof. 4. Compliance with Laws; No Liens. City shall, at its sole cost and expense, comply with all applicable laws, statutes, ordinances, rules, regulations, requirements and orders of any governmental authority having jurisdiction over the Easement Area now or hereafter constituted relating to City's access to the Easement Area and the performance of the Easement Activities pursuant to this Agreement. City shall keep the Stanford Property free from any liens, stop notices and violation notices arising out of any work performed, materials furnished or obligations incurred by or on behalf of City. 5. Insurance. City shall maintain (and shall cause all contractors performing work on the Easement Area to maintain) at all times when entering the Stanford Property, at the sole ATTY/AGR/2025.263 — ENCROACHMENT EASEMENT DEED STANFORD REV: 10-07-25 VR Page 3 of 11