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RECORDING REQUESTED BY AND <br />WHEN RECORDED, RETURN TO: <br />City Attorney <br />P. O. Box 520 <br />Pleasanton, CA 94566 <br /> <br /> I~INTENK.~CE A~REEHEI~'T <br /> <br /> THIS MAINTENANCE AGREEMENT ("Agreement") is made this <br />day of , 1987, by and between JIMMY BRADLEY and <br />DOROTHY BRADLEY, ( col lectively "Owner" ) and the CITY OF <br />PLEASANTON, a political subdivision, ("City"). <br /> <br /> RECITALS: <br /> <br /> A. Owner is the owner of the real property situated in the <br />City of Pleasanton, County of Alameda, State of California, <br />described as Lot 12 as shown on the Map of Tract 4373 recorded on <br />October 16, 1980 in Book 122 at Page 46 in the Official Records <br />of the County of Alameda, State of California (the "Lot"). <br /> <br /> B. In connection with certain grading work to be performed <br />upon the Lot, the City has required that a grate and catch basin <br />(the "Drainage Improvements") be installed on the Lot within the <br />area described on Exhibit "A" attached (the "Drainage Area"). <br /> <br /> C. Owner and City now wish to make certain provisions for <br />maintenance, repair and replacement of the Drainage Improvements. <br /> <br /> NOW, THEREFORE, the parties agree as follows: <br /> <br /> 1. MAINTENANCE r REPAIR AND REPLACEMENT OF DRAINAGE <br />IMPROVEMENTS: Owner agrees to maintain, repair and replace the <br />Drainage Improvements within the Drainage Area, at Owner's sole <br />cost and expense, in a manner which permits a free flow of <br />surface water run-off through the grate and catch basin at all <br />times. <br /> <br /> 2. RIGHTS OF CITY: If Owner fails to properly maintain, <br />repair and replace the Drainage Improvements within the Drainage <br />Area, the City shall have the right but not the obligation to <br />enter in and upon the Drainage Area to perform the necessary <br />work. Absent an emergency, the right of entry may be exercised <br />by the City only after the City has notified Owner in writing of <br />the work that needs to be performed and has given Owner thirty <br />(30) calendar days from the date of such notice to perform the <br />work. If Owner fails to perform the work within the thirty (30) <br />day period, the City may enter upon the Drainage Area and perform <br />all necessary and appropriate work on the Drainage Improvements. <br />In a case of emergency as determined by the City's Engineer, the <br />City has a right to perform maintenance repair, or replacement of <br />Drainage Improvements and other improvements. Under any <br />circumstance, within thirty (30) days of receipt of a statement, <br /> <br /> <br />