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ENCROACHMENT AGREEMENT FOR MONITORING WELLS Area of 555 Main Street, Pleasanton CA THIS ENCROACHMENT AGREEMENT FOR MONITORING WELLS ("Agreement") is entered into November 22 , 2021, by and between the City of Pleasanton ("City"), Schuering Zimmerman & Doyle, LLP ("SZD"), and EKI Environment & Water, Inc., a California corporation ("Consultant"). RECITALS WHEREAS, SZD represents former tenants of property commonly known as 555 Main Street, Pleasanton, California, (the "Property"; also known as APN 094- 0151-002-00); WHEREAS, SZD Consultant to perform environmental investigation of the property. Consultant has been hired by SZD to install, inspect, maintain and obtain samples from such monitoring wells; WHEREAS, City owns and/or controls the right of way ("Right of Way"), Public Service Easement ("PSE") along City streets, sidewalks, and other public places, including public parks, in the City of Pleasanton, including the areas around the Property where Consultant seeks to install monitoring wells; WHEREAS, on November 22 , 2021, the City approved Encroachment Permit # E21-0710 (the "Encroachment Permit") to allow Consultant to install and maintain 6 monitoring wells approximately four inches (4") wide with 8 inch (8") covers to be installed and maintained flush with the sidewalk or pavement, as applicable, on City streets, sidewalks, Rights of Way and PSE, as well as in public parks, at the locations shown on Exhibit A for the purpose of soil vapor sampling (the "Project") in order to allow Consultant to monitor conditions related to the San Francisco Bay Regional Water Quality Control Board case known as: Site Facility Name: American Cleaners (former) Site Facility Address: 555 Main Street, Pleasanton CA 94566 RB Case No.: OI S0786 Local or LOP Case No.: WHEREAS, the Project, as proposed, does not interfere with the City's use of the Right of Way (street) or the public's path of travel (sidewalk) or the public parks; WHEREAS, as a condition to allowing Consultant to install, inspect and maintain such Project within the Right of Way, PSE, and public parks, Consultant agrees to maintain, timely remove the improvements, as well as restore any disturbed areas and indemnify the City, as provided in this Agreement.