DUBLIN SAN RAMON SERVICES DISTRICT 2010

Right of Entry DSRSD Service Relocation Project Page 1 Project: Dublin San Ramon Services District DSRSD Service Relocation Project (CIP 22C1276) Owner: City of Pleasanton Property: APNS 941 1302 002 -24, 941 1302- 002 26,941- 1302 002 -29 RIGHT OF ENTRY For valuable consideration, receipt of which is hereby acknowledged, and subject to the conditions herein, City of Pleasanton "Owner hereby grants this Right of Entry to Dublin San Ramon Services District "District and/or its designee(s), to enter upon the property described in Exhibits "A "B" "C" attached hereto, incorporated herein by reference, designated as REEL, 5309 Image 744 on Tract Map 2953, recorded in Alameda County, California, on file, "the "Property for the purpose of excavating, installing, and constructing an electrical conduit and appurtenances (CIP 22Cl276), with the DSRSD Service Relocation Project, and to accomplish all necessary work in conjunction therewith (the "Project A. This Right of Entry is granted for the purpose of the Project, which it is understood is requested by the District or its designees to remove the existing overhead power lines and replace them with underground facilities to facilitate future improvements. This Right of Entry shall be subject to the conditions as set forth below: 1. During activities for the Project, the District shall not enter upon any other portion of the Owner's Property except for ingress and egress, or when reasonably necessary for purposes related to the Project, with a minimum 24 -hour prior advance permission of Owner or its agents except in an emergency. 2. It is understood and agreed that the District will leave the Property in a clean and orderly condition and will repair, replace, or compensate Owner for any existing improvements that may be disturbed or removed during the course of work. 3. The District shall employ dust and erosion control measures at all times as required by Owner. 4. The District or the District's contractor shall obtain all required permits, including, but not limited to, a no -fee encroachment permit from the Owner and follow all conditions in the permits, including, but not limited to, allowed hours of construction. Notwithstanding the preceding sentence, in case of conflict between the provisions of the encroachment permit and this Right of Entry, the provisions hereof shall prevail. 5. The District shall indemnify, defend and hold harmless Owner, its officials, employees, and agents from and against all claims, damages, losses, and expenses, including attorneys fees, 1