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CITY OF PLEASANTON PROPERTY ENTRY & CONSTRUCTION AGREEMENT 340 Abbie Street Pleasanton, CA 94566-7346 This Property Entry Agreement ("Agreement") is made and entered into by and between the CITY OF PLEASANTON, a municipal corporation ("City"), and RICHARD Boaz A ("Owner"). City and Owner may be collectively referred to as the "parties." RECITALS A. The Owner is the owner of the real property located in the City of Pleasanton, generally described as 340 Abbie Street, Pleasanton, CA 94566-7346 ("Premises"). B. The City has requested permission from the Owner to enter the Premises for all work required for replacement of sewer mains and laterals. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS IN THIS AGREEMENT,THE PARTIES HEREBY AGREE AS FOLLOWS: 1. PERMISSION TO ENTER Owner warrants that it has the authority to enter into this agreement and hereby grants permission to the City (including its officers, employees, contractors, consultants agents, and utility companies) to enter the Premises, including the side yard and the back yard on the Premises, for the purpose of replacing the sewer mains and laterals located in the City right of way and in the backyard. There will be an open pit at the backyard of the properties at 360 Abbie Street and 4635 Whiting Street which will be covered after the construction. All the lateral connections will be opened to install new 2-way cleanouts. The contractor will be bringing equipment to do the work. All the landscaping and all temporary structures damaged during the construction will be replaced as is or better by the City. The City shall perform the work at its cost except for the correction of illegal conditions, if any. 2. TERM. The term of this Agreement shall commence upon full execution of this Agreement by the parties, and shall terminate upon acceptance of the project by the City of Pleasanton. 3. OBLIGATIONS RUN WITH THE LAND. This Agreement shall be to the benefit of and binding upon the parties and their respective successors and assigns, including subsequent owners of the Premises. Prior to any transfer of ownership of the Premises, the Owner shall provide written notice to the City regarding the identity of the proposed new property owner, and the Owner shall provide written notice to the proposed new property owner regarding the terms of this Agreement. 4. INDEMNIFICATION. The City shall indemnify and hold harmless the Owner from and against any and all claims, demands, damages, liabilities and costs resulting from the City's negligent performance under this Agreement.