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09
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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071922
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7/14/2022 3:03:29 PM
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7/14/2022 2:27:16 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/19/2022
DESTRUCT DATE
15Y
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09 SUPPLEMENTAL
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\CITY CLERK\AGENDA PACKETS\2022\071922
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Gitwoit: LmuRs Scows,hie. APN: $41-1311-36.3 Ate$41-1311-39 <br /> Pmmr.Jamm DRM Eaowxw DrAna m ZONE PmmcT <br /> D. In the event GRANTOR sells, conveys or assigns any property interest, <br /> encumbered by the Agreement prior to CITY exercising the rights grant herein, <br /> GRANTOR shall notify the successor or assigner of the rights and obligations of <br /> i <br /> both parties as included herein. <br /> i <br /> F <br /> D. In case of unpredictable delays in construction, upon written notification by CITY, <br /> 1 the terms of the TCE may be extended by an amendment to this Agreement. <br /> j GRANTOR shall be compensated based on the fair market value at the time of the <br /> extension. Payment shall be made to the GRANTOR for the extension prior to the <br /> expiration of the original TCE period. <br /> E. CITY shall indemnify, defend and hold harmless GRANTOR from and against all <br /> daims,causes of action,damages,liabilities,injuries,actions,costs and expenses <br /> (Including reasonable attorneys'fees and cis),arising from or related to CITY's <br /> use of the TCE area, exercise of CITY's rights under this Agreement, or work <br /> performed in connection with the Project The provisions of the immediately <br /> 3 preceding sentence shall not be applicable to the extent of GRANTOR's gross <br /> negligence or willful misoonduct <br /> E <br /> k F. Rights of Ingress to mid egress from the GRANTOR's remaining property shall be <br /> maintained at all times during the construction period. <br /> 5. CITY Performed Work. AN work done under this Agreement shall conform to all applicable <br /> building,fire and sanitary laws, ordinances,and regulations relating to such work, and shall be <br /> done in a good workmanlike manner. AN structures, improvements or other facilities,when <br /> removed,and relocated,or reconstructed by the CITY or its authorized agent,shall be left in as <br /> good condition as found. <br /> 6. Indemnification. CITY shall indemnity,defend,and hold harmless GRANTOR from and <br /> against all claims, causes of action,damages,liabilities,cost and expenses(including <br /> reasonable attorney hies and casts),arising from or related to CITY's use of the Property and <br /> exercise of CITY's rights under this Agreement,except as to action,damages,Nabilifies or cost <br /> due to GRANTOR's gross negligence or willful misconduct. <br /> T. Right of Possession and Use. CITY's right of possession and use of the Permanent <br /> Easement and TCE,including the right to remove and dispose of improvements, and install and <br /> connect utilities,shall commence on the date the amount of funds as spec#W in Section 3.A <br /> heroin we deposited into the escrow controlling this transaction.The consideration shown in <br /> Section 3.A includes, but is not limited to,full payment for the possession and use from that <br /> date, Including interest and damages if any. <br /> S. Notice to Successors. If GRANTOR sells,conveys or assigns any property interest <br /> encumbered by this Agreement before the CITY exercises its rights, GRANTOR shall notify the <br /> successor or assignor of the rights and obligations ueder this Agreement. <br /> !. Escrow Instructions. GRANTOR authorizes CITY to prepare and file escrow instructions <br /> in accordance with this Agreement on behalf of both parties. <br /> 10.Hazardous Wastes. The acquisition price of the Permanent Easement and TCE being <br /> acquired in this transaction reflects the fair market value of the Property without the presence of <br /> contamination. If the Property being acquired is found to be contaminated by the presence of <br /> PaP 3 aI e <br /> 17277262.2 <br />
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