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Resolution 12649CITY OF ALAMEDA RESOLUTION NO. 12649 GRANTING A NOISE MONITORING FACILITY EASEMENT TO THE CITY OF OAKLAND (PORT OF OAKLAND) WHEREAS, the Port of Oakland has previously established two automated aircraft noise monitoring facilities on property owned by the City of Alameda (Noise Monitoring Terminal No. 3 and Noise Monitoring Terminal No. 4). WHEREAS, the Port is prepared to install a third automated aircraft noise monitoring terminal on property owned by the City of Alameda being Fire Station Number Four, 2595 MeCartney Road (Noise Monitoring Terminal No 7) to help in determining airport and aircraft noise levels and those aircraft deviating from established noise abatement procedures, and for providing data to support resolution of noise complaints; and WHEREAS, the Port agrees to provide reports and information generated by this new facility to City of Alameda upon request; and WHEREAS, the legal description describing the proposed CD Noise Monitoring Facility Easement is attached hereto as Exhibit A, NOW, THEREFORE, BE IT RESOLVED by the City Council of the 01 W 731 City of Alameda that 1. The cost to lease/purchase and install the noise monitoring equipment is solely the responsibility of the Port. The Port has agreed to reimburse the City yearly for electricity consumed by the facility. The Port has agreed to provide reports and information generated by the facility upon request by the City. 2. The consideration for granting the easement is the City's access to the noise monitoring information to help keep airport/aircraft generated noise at acceptable levels and to identify those who fail to comply with airport noise abatement procedures. BE IT FURTHER RESOLVED that the City Council of the City of Alameda grants the Noise Monitoring Easement, attached hereto as Exhibit A, to the City of Oakland, acting through its Board of Port Commissioners. BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and each hereby is, authorized and directed to execute and to attest to, respectively, on behalf of the City of Alameda, a grant of said easement to the City of Oakland, acting through its Board of Port of Commissioners. PORT OF OAKLAND - OFFICIAL BUSINESS DOCUMENT ENTITLED TO FREE RECORDATION UNDER GOVERMOINT CODE SECTION 27383 RECORDED ON BEHALF Or AND WHEN RECORDED RETURN TO: Stanley P. Hebert Port Attorney Port of Oakland 530 Water Street Oakland, CA 94607 Terminal No. 7 GRANT OF NOISE MONITORING FACILITY EASEMENT CITY OF ALAMEDA, a municipal corporation, (hereinafter "Grantor") , for valuable consideration hereby grants to the CITY OF OAKLAND, a municipal corporation, acting by and through its Board ,of Port Commissioners, located in the County of Alameda, State of California, its successors and assigns, (hereinafter "Grantee") a private nonexclusive easement and right-of-way for the installation, construction, reconstruction, maintenance, repair, operation and use of Noise Monitoring Equipment and appurtenances, in, under, over, along and across that real property located in the City of Alameda, County of Alameda, State of California, and described in that certain Grant Deed recorded September 17, 1990, as document number 90-246940, in the Official Records of Alameda County: Noise Monitoring Terminal No. 7 Property is a fire station owned by the City of Alameda, Fire Station Number Four, located at 2595 Mecartney Road, City of Alameda, County of Alameda, State of California. Noise monitoring terminal to be installed approximately 43 feet south of the southern corner of the fire station garage; and approximately four (4) feet west from the fire station garage wall running north-south. TOGETHER, with the right of ingress and egress thereto and therefrom during normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday) for all purposes reasonably connected with the full and complete enjoyment of the rights hereby granted. Emergency access may be granted by the Fire Chief or his/her authorized representative during other than normal business hours. IT IS FURTHER AGREED THAT, electrical power is to be available through the wiring located adjacent to the noise monitoring terminal. Electrical raceways, wiring and connections shall be the responsibility of Grantee. Grantee shall reimburse Grantor for electrical power consumption at the flat rate of $6.00 per year, subject to periodic adjustments in accordance with future rate increases. IT IS FURTHER AGREED THAT, telephone connections may be installed to the utility room, phone cable connection area, on the first floor of the building. Phone connections, cables and service shall be the responsibility of Grantee. EXHIBIT A IT IS FURTHER AGREED THAT, Grantee shall indemnify and hold harmless Grantor, its City Council, Boards and Commissions, officers, employees, agents and invitees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merits or outcome of any such claim or suit, arising from or in any manner connected to Grantee's or its employees, agents or invitees use and enjoyment of the rights hereby granted. Grantee at its cost shall maintain public liability and property damage insurance with a combined single limit of not less than $1,000,000 insuring against all liability of Grantee and its employees, agents and invitees arising out of and in connection with such use and enjoyment of the rights hereby granted. Such public liability and property damage insurance shall insure performance of the indemnity provisions of this paragraph, shall name Grantor as an additional insured, and shall provide for not less than thirty (30) days' notice to Grantor prior to cancellation. IT IS FURTHER AGREED THAT, the teiui of this Easement is for a period of ten (10) years from the date of its execution and the term will automatically renew for subsequent ten (10) year periods unless otherwise terminated in writing by Grantor or Grantee. Notwithstanding the above, the Grantor may terminate this. Easement at any time and for any reason upon the giving of ninety (90) days prior written notice to Grantee. IT IS FURTHER AGREED THAT, all data obtained from noise monitoring equipment installed shall be provided to Grantor upon request. Executed by Grantor , 1995. CITY OF ALAMEDA, a municipal corporation By At APPROVED AS TO FORM: t4r-* aty,frlivAvvir-- ity Attorney I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 6th day of June , 1995, by the following vote to wit: AYES: Councilmembers Arnerich, DeWitt, Lucas, Mannix and President Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of June , 1995. Diane B. Felsch, City Clerk City of Alameda