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1 <br /> <br />PROPERTY ENTRY AGREEMENT <br />ONTO PREMISES KNOWN AS <br />Hacienda MD LLC, 5050 Hopyard Road, Pleasanton, CA 94588 <br /> <br /> <br />This Property Entry Agreement (the “Agreement”) is made and entered into by and <br />between the CITY OF PLEASANTON, a municipal corporation (the "City"), and Hacienda MD <br />LLC (the "Owner”). City and Owner may be collectively referred to herein as the “parties.” <br /> <br />RECITALS <br /> <br />A. The Owner is the owner of the real property located in the City of Pleasanton, generally <br />known as Hacienda MD LLC at 5050 Hopyard Road, Pleasanton, CA 94588 and more <br />particularly shown on Exhibit A, attached and incorporated by this reference (the "Premises"). <br /> <br />B. The City has requested permission from the Owner to enter the Premises for the purposes <br />identified in this Agreement, in return for the City's agreement to perform in accordance with the <br />terms of this Agreement. <br /> <br />NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND <br />CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS: <br /> <br />1. PERMISSION TO ENTER. The Owner grants permission to the City (including its officers, <br />employees, and agents) to enter the premises within the area shown as Temporary Construction <br />Easement on Exhibit A for the purpose of constructing ADA ramps, installation of ADA domes, <br />curb and gutter and sidewalk improvements. <br /> <br />2. TERM. The term of this Agreement shall commence upon full execution of this Agreement by <br />the parties, and shall terminate on construction of the sidewalk and driveway per City project plans <br />approved by the City Engineer. <br /> <br />3. INDEMNIFICATION. The City shall indemnify, hold harmless, and defend the Owner from <br />and against any and all claims (including all litigation, demands, damages, liabilities, costs, and <br />expenses, and including court costs and attorney’s fees) resulting or arising from the City's <br />negligent performance under this Agreement. <br /> <br />4. NOTICES. All notices required or contemplated by this Agreement shall be in writing and <br />shall be personally delivered or mailed to the respective party as set forth in this section. <br />Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a <br />party’s Authorized Representative, or (b) actual receipt at the address designated below, or (c) <br />three working days following deposit in the United States Mail of registered or certified mail sent <br />to the address designated below. <br /> <br /> <br /> <br />DocuSign Envelope ID: ADEF9454-91C4-4954-B47F-C580351D4978