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05
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2014
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090214
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05
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8/25/2015 4:55:36 PM
Creation date
8/27/2014 4:37:21 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/2/2014
DESTRUCT DATE
15Y
DOCUMENT NO
5
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ATTACHMENT 1 <br /> MAINTENANCE AGREEMENT FOR STORM DRAIN <br /> This MAINTENANCE AGREEMENT (hereinafter"Agreement"), is made and entered into this <br /> day of , 2014, by and between Zone 7 of Alameda County Flood Control and Water <br /> Conservation District, a body corporate and politic(hereinafter"Zone 7") and the City of <br /> Pleasanton, a Municipal Corporation(hereinafter"City"). <br /> RECITALS <br /> A. Ponderosa Homes is building a housing development which includes a public trail to be operated <br /> by the City under a license agreement with Zone 7. The trail includes installation of a storm <br /> drain for conveying storm water captured from the trail area and Zone 7's maintenance road area <br /> along the southern portion of Lake I to an existing City storm drain system as shown on Exhibit <br /> A, attached hereto and made a part hereof. <br /> B. The storm drain crosses street right of way, known as Mohr Avenue (10 foot wide) owned by the <br /> City and Zone 7 property, known as Lake I (adjacent to and northerly of said Mohr Avenue) <br /> owned by Zone 7. ; <br /> C. This Maintenance Agreement shall set forth the obligations of each party with regard to the <br /> Storm Drain System. \ <br /> NOW, THEREFORE, BE IT MUTUALLY AGREED as follows: <br /> i , \ i / <br /> 1. Zone 7 Maintenance Responsibilities: City,grants permission to Zone 7 to reconstruct, <br /> replace, use, inspect;.maintain, repair, operate or remove the Storm Drain System, <br /> including any and'ill appttenances,thereto,ander, over, and across all that property <br /> known.as Molir-Avenue. \ <br /> 2. City.Maintenance'Responsibilities: City has offered and Zone 7 has accepted City's offer <br /> fonCity to perform routine preventative maintenance on the Storm Drain System on that <br /> property as Lake I; from the storm drain inlet generally southwest to the Mohr <br /> Avenue right of-way i.e r\?utine cleaning of the Storm Drain System to keep it clear <br /> from debri's,,Zone 7 shall retain all other responsibilities including maintenance and <br /> repairs, e.g., iepairing.or replacing broken or collapsed pipes, separated joints, etc. <br /> However,in the event that the City's actions damage the Storm Drain System, the City <br /> shall be responsiblefor repairing the damage. <br /> 3. Term: The term of this Maintenance Agreement shall be for twenty-five(25) years from <br /> the date of execution with an option by Zone 7 to renew for additional periods of twenty- <br /> five(25) years upon written notice to City. The parties' obligations to indemnify(section <br /> 6 Indemnification) shall survive the termination of this Agreement. <br /> 4. Rights to Access: Zone 7 grants the City access over Zone 7 property so that City may <br /> access the Storm Drain System to perform said maintenance and/or repairs. City grants <br /> Zone 7 access over City property so that Zone 7 may access the Storm Drain System to <br /> perform said maintenance and/or repairs. <br /> 1 <br />
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