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ATTACHMENT 1 MAINTENANCE AGREEMENT FOR STORM DRAIN This MAINTENANCE AGREEMENT (hereinafter "Agreement "), is made and entered into this day of , 2014, by and between Zone 7 of Alameda County Flood Control and Water Conservation District, a body corporate and politic (hereinafter "Zone 7 ") and the City of Pleasanton, a Municipal Corporation (hereinafter "City"). RECITALS A. Ponderosa Homes is building a housing development which includes a public trail to be operated by the City under a license agreement with Zone 7. The trail includes installation of a storm drain for conveying storm water captured from the trail area and Zone 7's maintenance road area along the southem portion of Lake I to an existing City storm drain system as shown on Exhibit A, attached hereto and made a part hereof. B. The storm drain crosses street right of way, known as Mohr Avenue (10 foot wide) owned by the City and Zone 7 property, known as Lake I (adjacent to and northerly of said Mohr Avenue) owned by Zone 7. C. This Maintenance Agreement shall set forth the obligations of each party with regard to the Storm Drain System. NOW, THEREFORE, BE IT MUTUALLY AGREED as follows: 1. Zone 7 Maintenance Responsibilities: City, grants permission to Zone 7 to reconstruct, replace, use, inspect, maintain, repair, operate or remove the Storm Drain System, including any and all appurtenances thereto, under, over, and across all that property known as Mohr Avenue. 2. City Maintenance'Responsibilities: City has offered and Zone 7 has accepted City's offer for City to perform routine preventative maintenance on the Storm Drain System on that property known as Lake I from the storm drain inlet generally southwest to the Mohr Avenue right -of -way i.e., routine cleaning of the Storm Drain System to keep it clear from debris. Zone 7 shall retain all other responsibilities including maintenance and repairs, e.g., repairing or replacing broken or collapsed pipes, separated joints, etc. However, in the event that the City's actions damage the Storm Drain System, the City shall be responsible for repairing the damage. 3. Term: The term of this Maintenance Agreement shall be for twenty -five (25) years from the date of execution with an option by Zone 7 to renew for additional periods of twenty - five (25) years upon written notice to City. The parties' obligations to indemnify (section 6 Indemnification) shall survive the termination of this Agreement. 4. Rights to Access: Zone 7 grants the City access over Zone 7 property so that City may access the Storm Drain System to perform said maintenance and/or repairs. City grants Zone 7 access over City property so that Zone 7 may access the Storm Drain System to perform said maintenance and/or repairs. 1