KILKARE WOODS ASSOCIATION - Laserfiche WebLink

PROPERTY ENTRY AGREEMENT ONTO PREMISES KNOWN AS KILKARE WOODS ASSOCIATION COMMON AREA This Property Entry Agreement (the "Agreement is made and entered into by and between the City of Pleasanton, a municipal corporation (the "City the Kilkare Woods Association (the "Owner"), and William G. McCullough Company (the "Contractor City, Owner and Contractor may be collectively referred to herein as the "parties." RECITALS A. The Owner is the owner of the real property located in the County of Alameda, generally described as approximately 1,000 square feet of common area adjacent to Kilkare Road owned by the members of Owner, and more particularly shown on Exhibit A, labeled as the "Proposed Staging Area attached hereto and incorporated herein by reference (hereinafter "Premises B. The City has requested permission from the Owner to allow the Contractor to enter the Premises to store and stage construction materials for the City's Pressure Reducing Stations Kilkare Road Pleasanton Ridge Project No. 031015 (the "Project in return for the City's and Contractor's agreement to perform in accordance with the terms of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. PERMISSION TO ENTER. The Owner hereby grants permission to the City (including its officers, employees, and agents) and to the Contractor (including its officers, employees, agents, subcontractors and suppliers) to enter the Premises for the purpose of storing materials and staging construction for the Project. 2. TERM. The term of this Agreement shall commence upon full execution of this Agreement by the parties, and shall terminate on March 31, 2010. Upon the earlier of the expiration of the term of this Agreement, or the completion of work on the Project, the Contractor shall remove all materials and equipment from the Premises and restore the Premises to its original condition; and if the Contractor fails to act within five (5) working days of the event which triggers this requirement, the City shall remove the materials and equipment and restore the Premises, and the Contractor shall reimburse the City for such costs. 3. INDEMNIFICATION. The Contractor shall indemnify, hold harmless, and defend the Owner from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorney's fees) resulting or Property Entry Agreement Kilkare Woods Assoc. Common Area Page 1 of 3