RES 85368 - Laserfiche WebLink

'K008-974 07.31.85 realestl-724 overlays, and repainting as necessary. Anticipated good engineering practice would require, but may not be limited to, (i) two slurry seals within a ten-year period or an aspbaltic concrete overlay in lieu of slurry seals about every fifteen years, and (ii) failure repairs amounting to approximately ten percent (10%) of the total surface area within a ten-year period. 4.4 Reimbursement of City Maintenance Costs. Should Bernal so elect by requesting in writing to the City Engineer, the City shall undertake the obligations of Bernal to maintain the interior streets. In this event, City shall notify Bernal, in writing, thirty (30) days prior to initiating any maintenance other than emergency or minor repair work. City shall bill Bernal by invoice monthly for the costs of maintenance, and Bernal shall pay City within thirty (30) days of receipt of invoice. Section 5. TERM OF MAINTENANCE OBLIGATIONS Bernal's obligations under this agreement shall commence with respect to each public improvement to be maintained by Bernal hereunder upon the later of (i) the date of this agreement, or (ii) the date upon which the City Council of the City accepts ownership of the public improvement to be maintained by Bernal and shall continue throughout the term of this agreement, unless all or any portion of such obligations become the responsibility of one or more district(s) formed pursuant to Section 6, in which event Bernal shall continue to be responsible during the term of this agreement for maintenance, repair or replacement, as necessary, of any public improvements installed or to be installed pursuant to City approved plans by Bernal in Bernal Park which are not the responsibility of any such district. Section 6. MAINTENANCE DISTRICT 6.1 Future Maintenance District. Notwithstanding any of the maintenance obligations of Bernal contained in Sections 1 through 4, inclusive, maintenance of any or all of the improvements may be accomplished by a district or districts established pursuant to California law for the purposes of maintaining any or all of the public improvements covered by this agreement, including but not necessarily limited to a landscaping and street lighting maintenance district. 6.2 Cooperation. The City agrees that, upon receipt of an appropriate petition, it shall cooperate with Bernal and other land owners within Bernal Park, if any, to undertake and complete any proceedings required under law for the establishment of any such district. -6-