KAPLAN, ANN - Laserfiche WebLink

RIGHT OF ENTRY FOR SURVEYING AND GEOTECHNICAL EXCAVATION Ann Kaplan (hereinafter "Owner") hereby grants to the CITY OF PLEASANTON (hereinafter "City") or its agents, permission to enter upon the property, commonly referred to as Assessor's Parcel Number 946-1680-3 (hereinafter "Property") more particularly shown on Exhibit "A", attached hereto and incorporated herein by this reference, based upon the following terms: 1. Temporary Right of Entry. The right of entry is temporary in nature, and does not constitute a deed or grant of easement, or a leasehold interest in the subject premises. No fee shall be paid for this right of entry. 2. Purpose. The right of entry shall be granted only for the purpose of completing a survey for utility purposes and limited geotechnical excavations. The work will consist of exploratory backhoe pits and surveying stakes. 3. No Alternations. The City or its agents shall not make, nor cause to be made, nor allow to be made, material alterations to the subject real property. The subject real property which is excavated shall be replaced with the excavated material and wheel rolled to minimize erosion. If a fence is opened or cut, the City or its agents shall close or repair the cut immediately and shall pay actual damages resulting from entrance upon the Property. 4. Waiver of Claims. Owner assumes no responsibility for the guarding and safekeeping of property, equipment, or improvements as a result of granting this right of entry. City and its agents hereby waive all claims against Owner and agrees to hold Owner harmless from any claims for damages to materials, supplies, equipment or other property, and persons in or upon the subject Property from any cause arising from this granting of a right of entry. 5. Hold Harmless. City shall and will assume the defense and indemnify and save the Owner, its employees and agents, free and harmless from and against any and all claims, demands, liabilities and judgments for or by reason of any damage, loss, personal injury or death, caused by or arising out of City or its agent's act or failure to act, in the occupancy, maintenance, operation or use of the subject premises, and City and its agents hereby agree to pay and discharge all costs, charges and expenses that may be incurred in connection therewith and any and all judgments that may be rendered by reason thereof. 6. No Liens. City shall keep the subject premises, and any improvements, facilities or equipment of Owner located thereon, free from any liens arising out of any work performed, materials furnished , or obligations or any kind whatsoever incurred by the City .