EAST BAY REGIONAL PARK DISTRICT- AGMT FOR MAINTENANCE OF ROADS/IMPROVEMENTS/INDEMNIFICATION

AGREEMENT FOR MAINTENANCE OF ROADS, IMPROVEMENTS AND INDEMNIFICATION This Agreement ("Agreement") is entered into this /.~~ day of ~w~.r 2000, by and between the City of Pleasanton, a municipal corporation (the " ity"), and the East Bay Regional Park District, a California special district (the "District"). RECITALS WHEREAS, the City owns a water tank on Parcel One of Tract 6400, and access to the water tank occurs by way of a roadway easement, both of which were dedicated to the City in conjunction with Tract 6400 (see Alameda County Recorder's Office Series 93445127); and WHEREAS, portions of the water tank roadway cross open space Parcel A within Tract 7045 (Panganiban /Passport Homes) to be dedicated to the District; and WHEREAS, in conjunction with the development of Tract 7045, the developers will dedicate to the City an emergency vehicle access easement ("EVAE") across open space Parcel A; and WHEREAS, located within the EVAE, the developers will also dedicate to the City a water line easement; and WHEREAS, the parties desire that the City agree to maintain the water tank road, the EVAE, and the water line easement, and indemnify the District from any injuries resulting from the City's use of the water tank road, EVAE, and water line easement; and WHEREAS, Parcel A will be included within a Geologic Hazard Abatement District (GRAD), which will fund slide repairs and other maintenance work on Parcel A; and WHEREAS, Parcel A will be exempt from any assessment imposed by the GHAD. NOW, THEREFORE, for and in consideration of the foregoing Recitals and the mutual covenants set forth herein, the parties hereby agree as follows: 1. Maintenance of Water Tank Road Easement and Improvements. The City shall, at no expense to the District, maintain, repair and replace, when necessary, the City's private road improvements located within the City's approximately thirty feet