COMMON AREA TR 9755 - Laserfiche WebLink

DocuSign Envelope ID:59606AE3-0C6E-4722-9805-B4OECC62BED1 Senior Civil Engineer, Adam Nelkie, who can be reached at 925 931-5675 (anelkie@cityofpleasantonca.gov), with Owner or Owner's agent, Manny Moreno, who can be reached at 925-924-6250 (manny@pjmbcommercial.com). Closure of the parking lot area for such installation work shall be limited to identified location on sheet C-7 "Installation Area" of Exhibit A. The remaining Temporary Construction License area is for purpose of ingress and egress only and no storage or work shall take place outside of the designated parking lot closure area. The actual period of access under the Temporary Construction License shall not exceed 180 consecutive days. In no event shall the termination of the Temporary Construction License be later than December 31, 2021. City shall not permit any liens to be placed against the Property arising from the installation of the connector pipe screen within the private storm drain manhole on Owner's Property. Upon completion of the installation of the trash capture devices, City shall at its expense repair, replace or restore any damage that the City, its employees or contractors caused to existing improvements on Owner's 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. Connector Pipe Screen Maintenance. City, at no expense to Owner, shall maintain and repair the connector pipe screen within the private storm drain manhole, as well as remove accumulated items and trash from such connector pipe screen, at a schedule reasonably determined by the City's Environmental Services Manager, or designee. City shall be solely responsible for any damage or loss to such connector pipe screen resulting from theft, vandalism or resulting from any other cause. Nothing within this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement, or affect the legal liability of either Owner or City by imposing any standard of care respecting the installation and maintenance of the trash capture devices different from the standard of care imposed by law. 4. Right of Entry for Maintenance of Trash Capture Devices. After the City's installation of the trash capture devices, Owner grants to City, its employees and contractors a non-exclusive right-of-entry onto a portion of the Property shown in Exhibit B to conduct maintenance of the trash capture devices. Prior to entering the Property to conduct such maintenance, the City's Environmental Compliance Supervisor, or designee, who can be reached at (925) 931-5527 will contact the Owner or Owner's agent, Manny Moreno, who can be reached at 925-924-6250 (manny@pjmbcommercial.com), to coordinate at least 24 to 48 hours in advance regarding the dates and times of scheduled maintenance. Owner acknowledges that up to two (2) parking spaces will be coned-off by City staff the night before such coordinated maintenance date. City or its contractor will use ingress and egress routes 2