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h. LAVTA shall ensure that, unless otherwise approved by the City Engineer, no material shall be stored within five feet of a public street.+ In addition, excess earth materials from trenching or other operations shall be removed from the pavement, traveled way, or shoulder as the trench is backfilled or other work carried forward. 3. TERMINATION. This Agreement shall terminate if the Project Facilities is removed, relocated, or abandoned. In addition, City may terminate this Agreement for any reason at the City's sole discretion by providing thirty (30) days' written notice to LAVTA. 4. MAINTENANCE, REMOVAL, RESTORATION AND REPAIR. a. Upon termination and notwithstanding Section 13.04.3 10 B of the Pleasanton Municipal Code, LAVTA shall, at its sole expense, remove the Project Facilities from the Encroachment Area, and shall restore, to the City Engineer's reasonable satisfaction, the Encroachment Area to as good a condition as they were in at the time of the construction of the Project Facilities. b. Except under emergency circumstances, in which the timeframe for the removal of the Project Facilities and the restoration of the Right of Way and any adjacent property shall be determined by the City Engineer, LAVTA shall remove the Project Facilities and restore the Encroachment Area within sixty (60) days after written notice has been sent to LAVTA. C. If LAVTA fails to complete the removal of the Project Facilities or the restoration of the Right of Way within sixty (60) days after written notice has been sent to LAVTA, City may perform the necessary removal or restoration work at LAVTA's expense, and LAVTA shall pay City all expenses reasonably incurred in the performance of the work. d. While the Project Facilities are in the Right of Way and within one year after the Project Facilities have been removed, LAVTA shall immediately repair and restore any damage to the Encroachment Area. If LAVTA fails to complete the repair or restoration within sixty (60) days after written notice has been sent to LAVTA, or should the exigencies of the injury or damage require repairs or replacement to be made before LAVTA can be notified or can respond to the notifications, City may make the necessary repairs or replacement or perform the necessary work at LAVTA's expense, and LAVTA shall pay City all expenses reasonably incurred in the performance of the work. e. If any maintenance, repair, restoration, or replacement needs immediate correction as a result of a public safety or health hazard, as reasonably determined by the City Engineer, and such maintenance is not performed, or cannot be performed, by LAVTA within twenty-four (24) hours of receipt of such notice thereof, which notice may be sent by facsimile, the City may perform or cause to be performed such maintenance at LAVTA's expense, and LAVTA shall pay City all expenses reasonably incurred in the performance of the work. BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT CITY OF PLEASANTON AND LAVTA Page 3 of 6 1940106.1