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RECORDING REQUESTED BY: CITY OF PLEASANTON When Recorded, Return to: Office of the City Clerk City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 Recording requested Pursuant to Government Code Sections No Fee - 27383 & 6103 APN: 941-1300-17 & 941-1300-18 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT In connection with the Johnson Drive Economic Development Zone Project ("Project") to be constructed by the City of Pleasanton ("CITY"), Pacific Bell Telephone Company, a California corporation, formerly known as and which acquired title as Pacific Telephone and Telegraph Company, a California corporation ("GRANTOR"), and the CITY entered into that certain Agreement for Purchase of Fee, Easements and Temporary Construction Easements dated , 2022 ("Original Agreement"), whereby GRANTOR agreed to enter into this Temporary Construction Easement Agreement ("TCE Agreement") and grant to CITY the Temporary Construction Easement set forth herein. 1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. GRANTOR owns certain real property in fee, as more particularly identified on Attachment 1 ("Property"). GRANTOR hereby grants to CITY a Temporary Construction Easement ("TCE") over portions of the Property for the use and storage of tools, machinery, materials and equipment by CITY, over, across and upon that certain real property as described and depicted in Attachment 4, Exhibits A and B and Attachment 4-1, Exhibits A and B attached hereto and made a pari hereof ("TCE Area"), together with the right of ingress to and egress from said property and the right at all times to enter and use said real property and every part thereof for all purposes connected with the construction of the proposed public improvement for a period of 12 months. The TCE is subject to the Street Improvement Plan attached hereto as Attachment 5 and made a part hereof. The 12 month period shall commence with the first entry on GRANTOR's Property by CITY'S contractor after close of escrow under the Original Agreement. At least 48 hours advance written notice will be given before any entry on GRANTOR's Property. The amount set forth in Clause 3 of the Original Agreement includes full payment for the TCE. A. CITY agrees to promptly restore any damage to the TCE Area andfor the parcels upon which the TCE Area is situated (and the improvements located thereon) caused by CITY's entry upon the TCE Area or work performed in connection with the Project. B. CITY agrees upon completion of any of its works hereunderto restore, as near as possible, the surface of the TCE to the condition in which it was prior to the commencement of the work related to the proposed public improvement. C. In the event GRANTOR sells, conveys or assigns any property interest encumbered by this TCE Agreement prior to CITY exercising the rights granted herein, GRANTOR shall Page 1 ON