CURRIN - PERMIT-RIGHT TO ENTRY AND CONSTRUCT

~~ PERMIT RIGHT TO ENTRY AND TO CONSTRUCT THIS RIGHT TO ENTRY AND TO CONSTRUCT is entered into as of this Y~~ day of 5~~~ e~~~.~fC? 1987, by and between WILLIAM L. CURRIN, BETTY J. CURR N, and M. TIMM VENTURES, INC. (hereinafter referred to as "Permitter") and CITY OF PLEASANTON, a municipal corporation (hereinafter referred to as "Permittee"). This right of entry is hereby granted to Permittee to construct a temporary road and associated fence on an area of Permitter's land as shown in "Detail" on Exhibit "A" attached hereto and incorporated herein by this reference. This right to entry and to construct is granted subject to the following terms and conditions: 1. Improvement. Permittee shall maintain, keep in repair, and/or reconstruct as necessary the roadway and new fencing as shown in "Detail" of Exhibit "A". At all times during the term hereof Permittee shall maintain a fence betwew», its roadway and the remainder of Permitter's property adequate for settle cperat~.ans an the x'emainder of P®x~nitter ~ s prc,p~e~ty ~ aoaees to the roadway from Foothill Road shall be controlled by a gate which shall be locked by Permittee at all times other than when its agents or contractors are physically present. The roadway shall be constructed and maintained by Permittee in such a way as not to interfere with the existing flow of surface drainage from Permitter's land into the adjacent ditch along the northerly boundary of Permitter's property. Prior to the expiration or termination hereof, Permittee shall at its expense remove the new fencing and otherwise return Permitter's property to its present condition. 2. Property UsacLe. The use of the above described property by Permittee shall be limited to road and fencing operations and any associated use:.-;. .The maintenance, repair, and/or reconstruction of said uses shall be the sole cost and expense of Permittee. The property shall be used by Permittee solely for the purpose of repairing erosion damage in the Arroyo de la Laguna. 3. Term. The righ~,: to entry and to construct shall terminate on November 30, 1987 unless terminated by Permittee earlier. 4. Release and Indemnity. Permittee shall be responsible and liable for all damages to persons or property, including the injury or death of persons, due directly or indirectly to Permittee's construction and/or maintenance of said improvements and uses permitted hereunder, and shall promptly pay any just claim therefor, and in addition shall hold Permitter, its officers, agents, and employees, harmless from all suits, actions, damages, claims, expenses and liabilities, including - 1 -