MORRIS, MAX - Laserfiche WebLink

,y. PROPERTY ENTRY AGREEMENT ONTO PREMISES KNOWN AS [135, 171 DIVISION STREET] This Property Entry Agreement (hereinafter "Agreement") is made and entered into by and between the CITY OF PLEASANTON, a municipal corporation (hereinafter "City"), and Max Morris (hereinafter "Owner"). City and Owner may be collectively referred to herein as the "parties." RECITALS A. The Owner is the owner of the real property located in the City of Pleasanton, generally described as commercial property, and more particularly described on Exhibit A, attached hereto and incorporated herein by reference (hereinafter "Premises"). B. The City has requested permission from the Owner to enter the Premises for the purposes of identified in this Agreement, in return for the City's agreement to perform in accordance with the terms of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN,THE PARTIES HEREBY AGREE AS FOLLOWS: 1. PERMISSION TO ENTER AND CONSTRUCT. The Owner hereby grants permission to the City (including its officers, employees, and agents) to enter the premises for the purpose of constructing an asphalt concrete driveway, and concrete and four porch sidewalk entrys. The improvements will be privately maintained and owned following the term conditions. 2. TERM. The term of this Agreement shall commence upon full execution of this Agreement by the parties, and shall terminate 30 days after the City Council formally accepts completion of the project. 3. INDEMNIFICATION. The City shall indemnify, hold harmless, and defend the Owner from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorney's fees) resulting or arising from the City's negligent performance under this Agreement. 4. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be personally delivered or mailed to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party's Authorized Representative, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. TO: City To: Owner . / Attn: Attn: nt -) yS�1 5. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties' intent under this Agreement. 1