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'1 . - <br /> CITY OF PLEASANTON • <br /> PROPERTY ENTRY & CONSTRUCTION AGREEMENT <br /> 4635 Whiting Street <br /> Pleasanton, CA 94566=7351 <br /> • <br /> This Property Entry Agreement ("Agreement") is made and entered into by and between the <br /> CITY OF PLEASANTON, a municipal corporation ("City"), and <br /> tc Jab EL:4iott. Spmenet ("Owner"). City-and Owner may be collectively referred <br /> to as the "parties." <br /> RECITALS <br /> A. The Owner is the owner of the real property located in the City of Pleasanton, generally <br /> described as 4635 Whiting Street, Pleasanton, CA 94566-73351 ("Premises"). <br /> B. The City has requested permission from the Owner to enter the Premises for all work required <br /> for replacement of sewer mains and laterals. <br /> NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS IN THIS <br /> AGREEMENT,THE PARTIES HEREBY AGREE AS FOLLOWS: <br /> 1. PERMISSION TO ENTER. Owner warrants that it has the-authority to enter into this <br /> agreement and hereby grants permission to the City (including its officers, employees, <br /> contractors, consultants agents,,and utility companies) to enter the Premises, including the side <br /> yard and the back yard on the Premises, for the purpose of replacing the sewer mains and laterals <br /> located in the City right of way and in the backyard. There will be an open pit at the backyard of <br /> the properties at 360 Abbie Street and 4635 Whiting Street which will be covered after the <br /> construction. All the lateral connections will be opened to install new 2-way cleanouts. The <br /> contractor will be bringing equipment to do the work. All the landscaping and all temporary <br /> structures damaged during the construction will be replaced as is or better by the City. The City <br /> shall perform the work at its cost except for•the correction of'illegal conditions, if any. <br /> 2. TERM. The term of this Agreement shall commence upon full execution of this Agreement <br /> by the parties, and shall terminate upon acceptance of the project by the City of Pleasanton. <br /> ' . 3. OBLIGATIONS RUN WITH THE LAND. This Agreement shall be to the benefit of and <br /> binding upon the parties and their respective successors and assigns,including subsequent <br /> owners of the Premises. ' - . • • •• - . . • - - . - > e <br /> a 144A <br /> tf-this-AgFeeme.at. <br /> 4. INDEMNIFICATION. The City shall indemnify and hold harmless the Owner from and <br /> against any and all claims, demands, damages, liabilities and costs resulting from the City's <br /> negligent performance under this Agreement. <br />