DAVIS - RIGHT OF ENTRY AND INDEMNIFICATION AGMT

r RIGHT-OF-ENTRY AND INDEMNIFICATION AGREEMENT THIS AGREEMENT is December, 1984 by and husband and wife, (he CITY OF PLEASANTON, a referred to as "City" made and entered into this ~ day of between NOLAND M. DAVIS and VELIA E. DAVIS, reinafter referred to as "Davis"), and THE municipal corporation, (hereinafter )• R E C I T A L S A. The City and Tracor MBA have entered into a Right-of-Entry and Acquisition Agreement dated July 10, 1984, which provides for the City indemnifying and holding harmless Tracor MBA for injuries occurring during the construction of the realigned Pimlico Drive. B. Davis intends to purchase from Tracor MBA a 2.6 acre parcel of land described as Parcel A of Parcel Map 4419, a parcel included within the lands covered by the above indemnification agreement. C. The City has not yet completed the Pimlico Drive realignment project and requires access onto the 2.6 acre parcel in order to remove the street surface from the vacated Pimlico Drive, construct a storm drainage line, and associated activities required to complete the project and leave the 2.6 acre parcel in a rough-graded condition, as required by the agreement with Tracor MBA. D. Davis wishes to receive the equivalent indemnification as afforded Tracor MBA if Davis purchases the 2.6 acre parcel, and the City wishes to complete the project and to allow the sale to go forward while it finishes the realignment project; NOW, THEREFORE, the parties hereto agree as follows: 1. Grant of Right-of-Entry. Davis hereby grants permission to the City, its agents, employees, and assigns, to enter upon Parcel A of Parcel Map 4419 with such personnel, equipment, machinery, vehicles and material as may be necessary for the purpose of constructing improvements including the placement of fill, installation of roadways, curbs, gutters, underground electrical ducts, storm drains, and related improvements as shown on the Improvement Plans for Pimlico Drive (the "Plans") prepared by Bissell & Karn, Inc., dated June 15, 1984 (print date July 5, 1984) (the "Improvements") and as amended. Upon completion of the Improvements, the City shall remove the street surface of Pimlico Road which has been abandoned and other debris and extraneous materials resulting from any construction activities and restore the Property to a rough-graded condition. 2. Indemnity. As a material part of the giving of this Agreement, the City shall indemnify, defend and hold Davis, their heirs, assigns, and successors in interest harmless from and - 1 -