MAINSTREET III, LLC - Laserfiche WebLink

1-74 ( AGREEMENT CONCERNING BUILDING ENCROACHMENT FOR PROPERTY AT 234 MAIN STREET THIS AGREEMENT is made this )- ndday of February 2011, between the CITY OF PLEASANTON, a municipal corporation of the State of California("City"), and �t n Sf r 7t LLCM ("Permittee"). RECITALS A. Permittee is the owner of the property located at 234 Main Street in Pleasanton. B. Portions of Permittee's building and improvements encroach onto property owned by the City. See diagram attached and incorporated herein as Exhibit A which shows where portions of the building or other improvements at 234 Main Street encroach onto City property (hereafter"Encroachment Areas"). The property line for 234 Main Street is highlighted in red. NOW, THEREFORE, the parties agree as follows: 1. Permission to use Cily Propgr . City permits Permittee to use the Encroachment Areas as permitted in land use approval of Case No. PDR-942, Design Review for fagade changes and related site improvements, and any subsequent approvals by City. 2. Term. This Agreement shall commence upon the date set forth above and shall terminate as provided in this Agreement. 3. Repairs Maintenance and Alternations. The Encroachment Areas are in an "as is" condition and Permittee shall assume all risk of any deficiencies that may exist. Permittee shall keep the Encroachment Areas (including sidewalks and any tree wells or grates) clean and in a safe and good condition at Permittee's own expense. No substantial repairs, improvements or alterations of the Encroachment Areas shall be made without prior written consent of the City. Permittee shall not commit any waste upon the Encroachment Areas, or commit or permit any nuisance or act on the Encroachment Areas that may disturb the quiet enjoyment of any public use of the adjacent sidewalk or other public uses. 5. Compliance with Laws. Permittee shall comply with all laws, statutes, regulations, ordinances and requirements now in force, or which may come into force, pertaining to the Encroachment Areas. 6. Liability. Permittee shall indemnify, hold harmless and defend City, its officers, employees and agents against any and all claims for liability, for any injury to or death of any person, or damage to any property whatsoever caused by, created by or in any way connected with this Agreement or Permittee's use or maintenance of the Encroachment Areas. 7. Insurance. Permittee shall obtain and maintain for the duration of this Agreement commercial general liability insurance with at least $1,000,000 combined limit for bodily injury and property damage. Permittee shall provide a Certificate of Insurance and an additional insured endorsement naming the City, its officers, employees and agents, in Page 1 of 2