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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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GRANTOR: PAC=BELL TEUEPHOKF COMPANY APW- 94143Q04?Am 9414 3W18 <br /> Paoaccr: Jammer DRIM HcoNwnc DV EtoPMenr ZOW PST <br /> A. CITY agrees to promptly restore any damage to the TCE Area and/or the parr..ets <br /> upon which the TCE Area is situated (and the improvements located thereon) <br /> caused by CITY's entry upon the TCE Area or work performed In connection with <br /> { the Project. <br /> R <br /> B. CITY agrees upon completion of any of its works hereunder to restore, as near as <br /> possible, the surface of the TCE to the condition in which it was prior to the <br /> commencement of the work related to the proposed pudic improvement. <br /> C. In the event GRANTOR setts, conveys or assigns any property interest <br /> encumbered by the TCE Agreement prior to CITY exercising the rights granted <br /> herein, GRANTOR shall nobly the successor or assigns of the rights and <br /> obligations of both parties as inckded herein. <br /> D. In case of unpredictable duets in construction, upon written notification by CITY, <br /> the term of the TCE Agreement may be extended by an amendment to the TCE <br /> Agreement. GRANTOR shalt be compensated based on the fair market value at <br /> the time of the extension. Payment"be made to GRANTOR for the extension <br /> prior to the expiration of the original TCE pend. <br /> E. CITY shall Indemnity, defend and holo harmless GRANTOR from and against al <br /> clams,causes of actiort,damages,liabilities,injuries,actions,costs and expenses <br /> (including reasonable attorneys'fees and crusts),arising from or related to CITY's <br /> use of the TCE area,exercise of CITrs rim under the TCE Agreement or work <br /> performed in connection with the Projekt. The provisions of the Immediately <br /> preceding sentence shall not be applicable to the extent of GRANTOR's sole <br /> negligence or wWW misconduct. <br /> F. Rights of Ingress to and agrees from the GRANTOR's remaining property shalt be <br /> maintained at aM times during all phases of the construction period in accordance <br /> with the Street Improve rent Plan approved by GRANTOR attached herd as <br /> Attachment 5. Specifically, In Phase la, prior to commencing any construction <br /> work on the GRANTOR'S Property, CITY shell construct 07 a temporary driveway <br /> at the south end of the existing parking lot and (1)a temporary pastcing lot on the <br /> parcel adjacent to GRANTOR'S Property to ensure vehicle access and egress. <br /> Thereafter, during Phase 1b, CITY shag remove the temporary driveway and <br /> construct the final landscaping and parking. In Phase 2, CITY shall create an <br /> opening in the northerly fence to allow ams fun tam vehicles to the secured <br /> portion of GRANTOR'S Property and will construct the northern parllon of the final <br /> parking Improvements. CITY shall, or cause Its contractors to, implement, <br /> construct and perform all obligations under the Street Improvement Plan at CITY's <br /> sole expense. CITY shaall use its best efforts not to interfi re with GRANTOR's <br /> operations on GRANTOR'S ryernakiing property during to term or the TCE <br /> .Agreement and the duration of the Project. <br /> G. During all phases of construction of the Project,CITY shall post temporary 23 males <br /> per hour speed limit signs on northbound and southbound Johnson Drive in a <br /> conspicuous location and shatI Implement a Traffic Control Plan for the Project, <br /> which CITY shall ensure is followed by its employees and contractors during the <br /> term of the TCE Agreement and the duration of the ProjecL <br /> S. CITY Performed Work. AN work done under this Agreement and the TCE Agreement shall <br /> be pert med by CITY at CITY's sole cost and shall conform to all applicable building, fire and <br /> P"030rr <br />
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