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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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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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notify the successor or assignee of the rights and obligations of both parties as Included <br /> herein. <br /> D. In case of unpredictable delays in construction,upon written notification by CITY,the term <br /> of the TCE may be extended by an amendment to this TCE Agreement. GRANTOR shall <br /> be compensated based on the fair market value at the time of the extension. Payment <br /> shall be made to GRANTOR for the extension prior to the expiration of the original TCE <br /> period. <br /> E. CITY shall indemnify, defend and hold harmless GRANTOR from and against all claims, <br /> causes of action, damages, liabilities, injuries, actions, costs and expenses (including <br /> reasonable attorrays' fees and costs arising from or related to CIT)rs use of the TCE <br /> Area, exercise of CITY's rights under this TCE Agreement, or work performed in <br /> connection with the Project.The provisions of to immediately preceding sentence shaft <br /> not be applicable to the extent of GRANTOR's sole negligence or willful misconduct <br /> F. Rights of ingress to and egress frau the GRANTOR's remaining property shall be <br /> maintained at all tunes during all phases of the construction period in accordance with the <br /> Street Improvement Plan approved by GRANTOR attached hereto as Attachment 5. <br /> Specifically, in Phase Is,prior to commenting any construction work on fhe GRANTOR'S <br /> Property, CITY shall construd(l) a temporary driveway at the south end of the existing <br /> parking lot and(n)a temporary parking lot on the parcel adjacent to GRANTOR'S Property <br /> to ensure vehicle access and egress.Thereafter,during Phase 1 b,CITY shall remove the <br /> temporary driveway and constrict the final landscaping and parking. In Phase 2, CITY <br /> shall create an operkV in the northerly fence to allow access for fleet vehicles to the <br /> secured portion of GRANTOR'S Property and will construct the northern portion of the <br /> final parking improvements. CITY shalt, or cause its contractor to, Implement, construct <br /> and perform all obligations ureter the Street Improvement Plan at CITY's We expense. <br /> CITY shall use its best efforts not to interfere with GRANTOR's operations on GRANTOR's <br /> remaining property during the term of this TCE Agreement and the duration of the Project. <br /> G. During all phases of construction of the Project, CITY shad post temporary 25 miles per <br /> hour speed limit silts on northbound and southbound Johnson Drive in a conspicuous <br /> location and spilt Implement a Traffic Control Plan for the Project,which CITY shall ensure <br /> is followed by its employees and contractors during the term of this TCE Agreement and <br /> the duration of the Project. <br /> 2. CITY Pwkwmed Work AN work done under this TCE Agreement shall be performed by <br /> CITY at CrlYs sole cost and shat conform to ON applicable bullft,fire and sanitary lawns, ordinances, <br /> and regulations reWft to such wok,including the Strad Improvement Plan and the Try lc Castrol <br /> Plan,and shad be done in a good workmanlike manner. AD structures,improvements or other facies, <br /> when removed, and relocated,or tacornsfncbed by the CITY or its authorized agent, shall be left In as <br /> good condition as found. <br /> 3. Indemnification. CITY shad indemnifydefend, and hold harmless GRANTOR from and <br /> against all clakns, causes of action, damages, liabilities, cost and expenses (including.reasonable <br /> attorney fees and costs),arising from or related to CITY's use of the GRANTOR'S Property and exercise <br /> of CITY's rights under this TCE Agreement,except as to claims,causes of action, damages, liabilities or <br /> costs due to GRANTOR's sole negligence or wWW misconduct. <br /> PSP 2 oto <br />
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