Ord98 2154 & 2 agreements - Laserfiche WebLink

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and replacement of utilities serving the District's Property and the City's Property. Character of Encroachment 2. The Encroachment granted herein shall be for the benefit of the District's Property and the City's Property only. Location of Encroachment 3. The location of the Encroachment is generally depicted on Exhibit A, attached hereto and incorporated by this reference. Secondary Encroachment 4. The Encroachment granted in this Agreement includes the incidental rights of ingress and egress for the purpose of installing, maintaining, repairing, reconstructing and replacing the utilities. In exercising these rights, each party must use reasonable care and may not unreasonably increase the burden on the other party's property or make any material changes to the other party's property. Term 5. The Encroachment granted in this Agreement shall continue in full force and effect for as long as the parties' respective properties are used for the purposes set forth in Joint Use Agreement dated June 9, 1995, by and between the City of Redwood City and the Belmont Elementary District, and modified by the Covenants, Conditions and Restrictions recorded in the Official Records of the County of San Mateo, California, on October 29, 1997, as instrument 97-139566, or for such other uses which are agreed upon by the parties hereto and authorized under the respective parties' governing laws and documents. Exclusive Encroachment 6. The parties' use of the Encroachment granted in this Agreement shall be exclusive and shall not be granted or assigned to others without the prior written approval of the parties' respective governing bodies. Notwithstanding the terms of this provision, each party reserves the right to use the Encroachment located on that party's property in a manner consistent with the other party's use and enjoyment of the Encroachment. ENC11112.doc 2 FXS/fs 03/24/98 06/01/98R 12/10/98R