HATSUSHI ESTATES HOMEOWNERS ENCROACHMENT AGMT FOR IRRIGATION LINES

ENCROACHMENT AGREEMENT FOR IRRIGATION LINES THIS ENCROACHMENT AGREEMENT FOR IRRIGATION LINES "Agreement is entered into this day of f\ \i L2I\ 2010, by and between the CITY OF PLEASANTON, a municipal corporation "City and HATSUSHI ESTATES HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation (hereinafter "HOA Recitals A. City owns the right of way "Right of Way along all City streets, as well as over designated emergency vehicle access easements "EVA in the City of Pleasanton. B. HOA has submitted landscaping and irrigation plans for Hatsushi Estates, Tract 7890, Phase 1, dated May 1, 2009, prepared by Mori Hatsushi Assoc., approved by and on file with the City's Community Development Department, to implement Planned Unit Development PUD- 99-14, approved by the City on August 15, 2006, by Ordinance No. 1936; which plans provide for the HOA to install and maintain private irrigation lines under the Hatsushi Terrace Right of Way at one location, and under the EVA from Hatsushi Terrace to Montevino Drive at two locations, as shown in Exhibit A (the "Project C. The Project does not interfere with the City's use of the Right of Way and EVA. NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties agree as follows: 1. ENCROACHMENT. Subject to this Agreement, City shall allow HOA to construct and maintain the Project, but only as shown on the attached Exhibit A. Subsequent installations or expansions shall be subject to written amendment of this Agreement. 2. HOA's RESPONSIBILITIES. During this Agreement, HOA shall have the following responsibilities: a. After completion of all work in the Right of Way and EVA, HOA shall exercise reasonable care in inspecting and maintaining the areas affected by the encroachments. While the irrigation lines are in the Right of Way and EVA, HOA shall repair and make good any injury or damage to any portion of the Right of Way and EVA and any other affected area which the City determines would not have occurred had such work not been done. HOA shall, upon notice from City, immediately repair any injury, damage or nuisance, in any portion of the Right of Way or EVA resulting from the Project, or any other HOA improvements in the Right of Way or EVA. If HOA fails to act promptly, or should the exigencies of the injury or damage require repairs or replacement to be made before HOA can be notified or can respond to the notifications, City may, at its option, make the necessary repairs or replacement or perform the Page 1 of 4