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annual maintenance, as well as reimbursement for expenses related to repair of roads. <br /> Approval of any requests by District for additional funds for reimbursement shall not <br /> be unreasonably withheld by City. <br /> <br /> d. District and City agree that it is District's sole discretion whether to maintain roads <br /> under District's jurisdiction and located within the original Assessment District #3. <br /> <br /> II. REIMBURSEMENT FOR PAST EXPENDITURES. <br /> <br /> Within sixty (60) days of execution of this Agreement, City shall provide District twelve <br />thousand five hundred dollars ($12,500.00), which represents the amount expended by District in the <br />past five (5) years for maintenance of roads under District's jurisdiction which are located within the <br />original Assessment District #3. <br /> <br />III. RESERVATION OF RIGHTS <br /> <br /> Nothing in this Agreement shall be understood or construed to prevent District, as the record <br />owner of the roads described in Exhibit A, from undertaking on any part of such roads or adjacent <br />property, actions reasonably necessary to preserve its title to and use of such roads, in District's sole <br />and absolute discretion. Nothing in this Agreement shall affect District's existing or future title to and <br />use of such roadways, nor be construed as granting City any property interest in such roadways. <br /> <br />IV. OBLIGATION TO REBUILD ROADWAYS. <br /> <br /> If all or any portion of the roads described in Exhibit A, or roads subsequently acquired by <br />District within Assessment District #3, are damaged or destroyed by land slide or other casualty, City <br />and District shall jointly determine whether to undertake the repair, rebuilding, or reconstruction of <br />such roads using funds from the Pleasanton Township County Water District Assessment District #3 <br />fund. <br /> <br />V. INDEMNITY <br /> <br /> District shall indemnify, defend, and hold harmless the City against any and all claims or suits <br />for damages or injury to property and persons, arising from the District's, or its invitees' and agents' <br />use of the roads described in Exhibit A or from any activity, work or thing done, permitted or <br />suffered in or about the roads described in Exhibit A by District, its invitees and agents, except that <br />City shall not be indemnified for its own negligence or willful misconduct or the negligence or willful <br />misconduct of its contractors, agents, or employees. <br /> <br />VI. ATTORNEY'S FEES <br /> <br /> In the event any litigation is commenced between City and District with respect to the <br />interpretation or enforcement of this Agreement, in addition to such other relief as may be granted, <br />the prevailing party shall be entitled to reasonable attorney's fees, costs, and expenses of litigation. <br /> <br /> Maintenance Agreement 2 <br /> <br /> <br />