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CITY OF PLEASANT, .v PROPERTY ENTRY & CONSTRUCTION AGREEMENT 6803 Herrin Way Pleasanton, CA 94588-3859 This Property Entry Agreement ("Agreement") is made and entered into by and between the CITY OF P~L AS~°'~ ~T,~ON a municipal corporation ("City"), and Ih~(C!~ ~ 6112A.f~17~'- '~d (~~-din ("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 6803 Herrin Way, Pleasanton, CA 94588-3859 ("Premises"). B. The City has requested permission from the Owner to enter the Premises for all work required for replacing an existing fence where necessary along the south side of Stoneridge Drive. 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 backyard on the Premises, for the purpose of collecting existing data from the back yard, replacing the back yard fence including, but not limited to, removing the existing fence, trenching, removing existing planting material, irrigation lines and trees where necessary and all work required for installation of a new fence. 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. c