DUNDER FIRST STREET PARTNERSHIP II

DocuSign Envelope ID:86B7F2C5-6F7C-4107-8CF5-C88DB500A0F5 RIGHT OF ENTRY FOR CONSTRUCTION AND LICENSE FOR LANDSCAPE MAINTENANCE 4713 First Street This Right of Entry for Construction and License for Landscape Maintenance (the "Agreement") is entered into this Feld . 3 , 2021, between the City of Pleasanton ("City") and Dunder First Street Partnership II (the "Owner"), the owner of the real property described in this Agreement. RECITALS WHEREAS, City is improving its public parking lot located at 50 Abbie Street (the "City Parking Lot"), which is adjacent to Owner's real property commonly known as 4713 First Street (the "Property", APN 094 015702800); and WHEREAS, City's improvements to City Parking Lot include increasing parking spaces and installing landscaping. Some of the new landscaping is proposed to be located on a portion of the Property as shown in Exhibit A (the "Landscape Area"); and WHEREAS, City will also make improvements to Owner's Property as described in this Agreement; and WHEREAS, Owner is willing to allow City to install and maintain landscaping in the Landscape Area, as well as make improvements to Owner's Property, subject to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: 1 . Improvements to Owner's Property. Without cost to Owner, the City, its employees and contractors will make the following improvements to Owner's Property as follows: a. Install landscaping and irrigation b. Install two concrete path connections; c. Install twenty-eight (28) wheel stops on existing parking spaces. as generally shown in Exhibit B — Right of Entry and Improvements. After completion of the improvements to Owner's Property as described in this Section 1 , the City has no further obligations for maintenance or repair of such