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City of Redwood City Public Works Services Department AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the parties agree as follows: 1. Grant of Access. OWNER hereby grants to City and its employees, contractors and subcontractors access to and the right of entry upon the Property in order to perform the Work as described in more detail in Exhibit B attached hereto and incorporated herein by reference. The locations for City's access and Work are depicted on Exhibit A. 2. Kevs. OWNER and City shall utilize a two-lock system for the gate befinreen OWNER's Property and the PG&E easement area, with each party having its own lock and key, so that City will be able to unlock the gate before access and relock it after use, so as to prevent unauthorized access to the area. 3. Purpose. This Agreement is a limited license to the City and its contractors and subcontractors granting them the nonexclusive and temporary right to access and enter upon the Property to conduct the Work each year. 4. Inspection of Propertv; Restoration. Upon execution of this Agreement and each year prior to City's entry on the Property, upon no less than ten (10) days email notice to OWNER, City and OWNER will jointly inspect the Property and document the existing conditions. OWNER acknowledges that the Work may temporarily interfere with OWNER's and its Tenants use and enjoyment of the Property, but City agrees to use its best good faith efforts to ensure that the Work is done in a manner that minimizes such interFerence and does not deprive OWNER'S Tenants of access to or from their residences. In the event City damages or unreasonably disturbs any portion of the Property, City shall, at City's expense, restore such area to substantially the same condition that existed prior to City's disturbance thereto and restore all Tenant access to their residences. All such restoration work is subject to OWNER'S reasonable approval within thirty (30) days after completion of the Work. If OWNER does not approve or reasonably disapprove the restoration work within such thirty (30) day period, then the restoration work shall be deemed approved. 5. OWNER Responsibilities. The OWNER shall not place or permit to be placed on the Property area any improvements nor allow anything to be done which may materially interfere with the Work or City's full use of the rights herein granted. Additionally, OWNER shall not install any improvements, trees or landscaping (other than pavement, sidewalk, turf grass or similar ground cover, which shall be permitted) on the areas designated for CITY access onto and across the Property prior to termination of this Agreement. 6. Notice of Use. At least three (3) days prior to City's entry onto the Property, City shall provide telephonic and email notice to OWNER to arrange for access to and entry upon the Property. OWNER shall post all parking areas City requires for access no less than two (2) days before commencement of the Work giving notice to Tenants not to park in such areas during the term of the Work. OWNER is responsible for notifying affected tenants and ensuring that the City has reasonable access to the worksite on the day of ATTY/AGR/2012.043/RIGHT OF ENTRY HARBOR VILLAGE PTEC � REV:06-12-12 VR Page 2 of 6