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DocuSign Envelope ID:3D2ECC2E-C212-40D6-BF85-42B32D004E2D <br /> RIGHT OF ENTRY FOR CONSTRUCTION <br /> AND <br /> LICENSE FOR LANDSCAPE MAINTENANCE <br /> OVER <br /> PRIVATE EASEMENT <br /> This Right of Entry for Construction and License for Landscape Maintenance <br /> Over Private Easement (the "Agreement") is entered into this A(?YI I 3o , 2021, <br /> between the City of Pleasanton ("City"), Dunder First Street Partnership ("4725 Owner") <br /> and Dunder First Street Partnership II ("4713 Owner"). <br /> RECITALS <br /> A. City is improving its public parking lot located at 50 Abbie Street (the "City <br /> Parking Lot"), which is adjacent to both the 4713 Owner's real property commonly <br /> known as 4713 First Street (the "4713 Property", APN 094 015702800) and the 4725 <br /> Owner's real property commonly known as 4275 First Street (the "4725 Property", APN <br /> 094 015702700); and <br /> B. City's improvements to City Parking Lot include increasing parking spaces <br /> and installing landscaping. Some of the new landscaping is proposed to be located on a <br /> portion of the 4713 Property and the 4725 Property as shown in Exhibit A (the <br /> "Landscape Area"); and <br /> C. City will also make improvements to 4713 Owner's Property and the 4725 <br /> Owner's Property as described in separate Right of Entry for Construction and License <br /> for Landscape Maintenance with each owner dated February 3, 2021 (individually a <br /> "License Agreement" and collectively the "License Agreements"); and <br /> D. The 4713 Property and the 4725 Property are subject to a private easement <br /> between the properties as shown in Exhibit B (the "Private Easement"), which is <br /> affected by the Landscape Area. This Private Easement is referenced as the <br /> "Easement Area" in the Declaration of Easements and Covenants dated June 27, 1998 <br /> and recorded in Alameda County Recorder's Office on December 23,1998, as record <br /> number 98451365. <br /> WHEREAS, 4713 Owner and the 4725 Owner are willing to allow City to install <br /> and maintain landscaping in portions of the Private Easement coterminous with the <br /> Landscape Area, subject to the terms of this Agreement. <br /> NOW, THEREFORE, in consideration of the mutual promises contained in this <br /> Agreement, the parties agree as follows: <br /> 1. Right of Entry for Construction. The 4713 Owner and the 4725 Owner agree that <br /> 1 <br />