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<br /> 1 <br />RIGHT OF ENTRY FOR CONSTRUCTION <br /> <br /> <br /> AVS Ranch LLC <br /> 1000 Minnie Drive <br /> <br /> This Right of Entry for Construction (the “Agreement”) is entered into this August 17, <br />2026, between the City of Pleasanton ("City") and AVS Ranch LLC, John Spotorno (the <br />“Owner"), the owner of real property described in this Agreement. <br /> <br />RECITALS <br /> <br /> WHEREAS, City is planning improvements to the S-14 sewer pump station at the 6500 <br />block of Alisal Street (the “Project”), which is adjacent to Owner’s real property commonly known <br />as AVS Ranch, LLC (the “Property”, APN (949-16-6); and <br /> <br />WHEREAS, City’s improvements to the S-14 sewer pump station consists of replacing all <br />the underground electrical equipment damaged by the 2023 winter storms with all new <br />equipment to be located above ground. The existing underground vault will be filled and <br />abandoned; and <br /> <br />WHEREAS, to minimize impacts to Alisal Street and surrounding communities, <br />construction and staging activity is proposed on the Owner’s Property (“Staging Area”), further <br />described in Exhibit A; and <br /> <br />WHEREAS, City will install temporary fencing to maintain a secure environment for the <br />farm livestock on the Staging Area as described in this Agreement; and <br /> <br /> WHEREAS, Owner is willing to allow City to enter onto portions of the Property to make <br />improvements for the Project, as well as maintain a secure environment for the farm livestock on <br />the Owner’s Property, subject to the terms of this Agreement. <br /> <br /> NOW, THEREFORE, in consideration of the mutual promises contained in this <br />Agreement, the parties agree as follows: <br /> <br />1. Temporary improvements and restoration to Owner’s Property. Without cost to Owner, <br />the City, its employees and contractors will make the following temporary improvements the <br />Staging Area for the duration of the Project and restore the Staging Area upon completion of the <br />Project as follows: <br /> <br />a. Prior to beginning the Project, City shall install secure temporary fencing along the <br />common boundary of the project and the Owner’s Property and shall maintain the <br />temporary fencing for the duration of the Project; <br />b. Upon completion of the Project, City shall remove all temporary fencing, construction <br />vehicles, temporary construction entrance and gravel paving from the Staging Area <br />and restore the soil condition and existing drainage pattern to the pre-construction <br />state of the Staging Area; and <br />c. The City shall replace any damaged facilities during construction and restore the <br />Docusign Envelope ID: 206B4A93-F0D5-87DA-83F5-8CA7E51F9AB6