BOWERS - 3901 FOOTHILL ROAD - ROE

2 such improvements except for: 1) city owned utilities and city-maintained facilities, and 2) any defects in materials and workmanship for a period of 12 months following completion of said improvements. 2. Right of Entry for Construction. a. Owner gives to City, its employees, and contractors a non-exclusive temporary right of entry for construction over, upon and across as shown in Exhibit A and Exhibit B: i. the portions of the Property needed to install the improvements described in Section 1, above; and for the purpose of the City, at City’s sole cost and expense, making improvements at the 3901 Foothill Road generally shown in Exhibit A and Exhibit B. b. City shall not commence work until Owner is given ten (10) business days advance notice. Construction of the Project is anticipated to be completed within three months but may take longer. c. City shall utilize its best efforts to repair and restore the front yard at extent feasible by September 26, 2025 . The work is estimated to start on or before July 01, 2025. City’s contractor shall not perform work in the front yard of 3901 Foothill Road between September 27, 2025, to October 17, 2025. d. City’s contactor to repair damaged irrigation within twenty-four (24) hours of being notified of the incident and make complete restoration within thirty (30) days. City’s contactors shall be responsible for hand watering trees and plants during the period of construction of the storm drain improvement and front yard of 3901 Foothill Road. e. The construction hours for the project anticipated to be from 8:00 a.m. to 5:00 p.m. Monday to Friday. In the event of major changes to the construction working hours, the property owner will be notified by City and/or contractor. f. City shall not permit any liens to be placed against the Property arising from the work described in this Agreement. g. Upon completion of the work, City shall, at its expense, repair, replace or restore any damage that the City, its employees or contractors caused to existing improvements on the Property or any other property (real or personal) incident to the work, to a condition of said property immediately prior to it being damaged by City, its employees or contractors. 3. Indemnity and Insurance. City shall indemnify, defend and hold harmless the Owner from any loss, claims, liability, or expenses, including reasonable attorney's fees and costs, for personal injury or death, or property damage, arising out of or in connection with the activities of City, its employees or contractors under this Agreement. Docusign Envelope ID: A87BF440-0018-40ED-B364-38D84AF4ACFCDocusign Envelope ID: EDC2C1A4-2B33-4807-8AC9-D3A1D6B0B724