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RIGHT-OF-ENTRY AGREEMENT <br /> <br /> THIS AGREEMENT iS made this day of December <br />1984, by and between SAB Investment Company (referred to herein as <br />"SAB") and the CITY OF PLEASANTON, a municipal corporation <br />(referred to herein as "City"). <br /> <br />RECITALS <br /> <br /> A. SAB is the owner of an approximately 22.16 acre <br />parcel of land located at the northeast corner of Stoneridge Drive <br />and Stoneridge Mall Road, and described as Parcel C of Parcel Map <br />3701 (the "Property"). <br /> <br /> B. SAB and the City have completed negotiations for the <br />acquisition of a portion of the Property necessary for the <br />construction of Fire Station No. 2 by the City. <br /> <br /> C. Pending completion of the acquisition, the City, <br />together with its agents, representatives and contractors, wishes <br />to enter upon the Property for the purpose of constructing Fire <br />Station No. 2 and installing public street improvements incident <br />thereto. <br /> <br /> D. SAB is willing to give to the City an interim <br />right-of-entry to the Property in order to allow the roadway and <br />fire station to be constructed. <br /> <br />NOW, THEREFORE, the parties agree as follows: <br /> <br /> 1. SAB hereby gives to the City, and its agents, <br />representatives and contractors, a license to enter upon the <br />Property for the purposes of placement of fill, roadway <br />improvements, curbs, gutters, installation of underground <br />electrical ducts, storm drains, and other utilities, including <br />service laterals and structures all as necessary for the <br />construction of the public street improvements, on-site <br />improvements and structure for Fire Station No. 2 in accordance <br />with improvement plans dated 8/3/84 by J. Jack Bras & Associates <br />and 7/84 by Mark Thomas & Co., Inc. on file with the Engineering <br />Division of the City of Pleasanton. <br /> <br /> 2. As a material part of the giving of this <br />right-of-entry, the City shall indemnify, defend and hold SAB <br />("Indemnified Party") harmless from and against any loss, damage, <br />liability or expense (including, but not limited to, attorneys' <br />fees and costs incurred in defending against any claim against the <br />Indemnified Party) arising out of or resulting from any entry upon, <br /> <br />- 1 - <br /> <br /> <br />