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ATTACHMENT 3 <br /> MAINTENANCE AGREEMENT RELATED TO BRADFORD WAY <br /> This MaintenanceAgreement "Agreement is entered into this day of November <br /> 2009, by and between the City of Pleasanton "City and Ponderosa Homes II, Inc. <br /> (hereafter "Ponderosa Homes <br /> RECITALS <br /> A. Ponderosa Homes has received approval from the City to construct a senior <br /> housing development known as The Village at Ironwood. <br /> B. According to the improvement plans, Ponderosa Homes will install decorative <br /> pavers on the road that serves as the entry to the Village at Ironwood. The entry <br /> road into the development is called Bradford Way (formerly Reimers Drive). A <br /> portion of Bradford Way, however, is a public road so Ponderosa Homes needs <br /> the City's permission before it can install and maintain the decorative pavers. <br /> C. As part of the maintenance plan, Ponderosa Homes will have its contractor <br /> perform street sweeping on Bradford Way, including the public portion of the <br /> road. <br /> D. In exchange for Ponderosa Homes' promise to maintain the decorative pavers, <br /> including street sweeping of Bradford Way, the City grants Ponderosa Homes a <br /> license to perform maintenance work on the public portion of Bradford Way. <br /> NOW, THEREFORE, in exchange for valuable consideration, the receipt of which is <br /> hereby acknowledged, the parties agree as follows: <br /> 1. Ponderosa Homes and Successor Homeowners Association: Upon <br /> establishment of a homeowners association for the Village at Ironwood <br /> (HOA), this Maintenance Agreement, including all benefits and <br /> responsibilities, will automatically transfer to the HOA. The conditions, <br /> covenants and restrictions (CC &Rs) created for the Village at Ironwood shall <br /> document the existence of this Maintenance Agreement and the transfer of the <br /> obligations set forth herein from Ponderosa Homes to the HOA. <br /> 2. License: Ponderosa Homes (and its successor HOA) shall have a non- <br /> exclusive license to: a) install decorative pavers; b) maintain those pavers; and <br /> c) perform street sweeping on the public portion of Bradford Way, more <br /> particularly shown in Exhibit A, attached hereto and incorporated herein. <br /> 3. Indemnification: Ponderosa Homes (and its successor HOA) agree to hold <br /> harmless, defend and indemnify the City, its officials, employees, and agents <br /> from and against any claims of damages or injury related to the installation of <br />