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eq -6!2 BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT THIS AGREEMENT is entered into thials day of Se Leben 2009, by and between the CITY OF PLEASANTON, a municipal corporation ("City"), and Livermore Amador Valley Transit Authority, a public entity ("LAVTA"). Recitals A. City owns and/or controls the right of way ("Right of Way") along City streets, alleys, sidewalks, and other public places in the City of Pleasanton. B. LAVTA operates public transit service within the City of Pleasanton. C. To enhance the public transportation system in the City of Pleasanton ("Project"), LAVTA has the need to place encroachments, such as bus shelters, real-time signs, garbage receptacles, route signs, other structures, and electrical conduits and related appurtenances to draw electricity from street lights ("Project Facilities") in the Right of Way. D. The current locations of the Project Facilities in the City are shown in Exhibit "A" as "LAVTA Wheels Shelters". City may issue LAVTA Encroachment Permits to construct and maintain additional Project Facilities in the Right of Way. Applications submitted to secure permits for the installation and maintenance of subsequent Project Facilities which are approved by the City shall be attached and incorporated to this Agreement as consecutive Exhibits B, C, D, E, and so forth. E. The Project Facilities shall not interfere with the City's uses of the Right of Way. NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties agree as follows: 1. ENCROACHMENT. a. Subject to this Agreement, City shall allow LAVTA to install and maintain the Project Facilities in the Right of Way as shown on the attached Exhibit "A" and on additional Exhibits to be attached hereto following City's approval of their respective Encroachment Agreements. Any installation or maintenance of Project Facilities outside the approved boundaries of the Encroachment Permit granted pursuant to this Agreement (the "Encroachment Area") is prohibited, unless pursuant to a subsequently approved Encroachment Permit attached and incorporated into this Agreement. b. No portion of Project Facilities shall affect the accessibility of the Right of Way or encroach on the minimum four -foot wide travel path for pedestrians required under federal and state law. BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT CITY OF PLEASANTON AND LAVTA Page 1 of 6 1940106.1