SUMMERHILL (ANDARES) MAINTENANCE WATER METERS

Facilities to the City as public facilities; (4) upon Developer having the Unit Meters installed, City will maintain, repair, replace, and inspect the Unit Meters at Developer's cost and expense; and (5) upon formation of the HOA for the Project, Developer will transfer and assign to the HOA Developer's rights and obligations set forth in this Agreement. F. City and Developer desire to enter into this Agreement to memorialize their agreement outlined in Recital E and to set forth additional rights and obligations of the Parties relating to the Unit Meters. G. City and Developer desire to enter into this Agreement to ensure that each of the ninety-four condominium units in the Project has its own Unit Meter so that each condominium unit owner receives his or her own utility bill and water consumption information from the City for water usage and sewer services as provided in Pleasanton Municipal Code Titles 14 Water and 15 Sewerage. AGREEMENT Based upon the foregoing Recitals, which are incorporated into this Agreement by this reference, and for good and valuable consideration, the adequacy of which is hereby acknowledged by both Parties, City and Developer hereby agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the Parties' respective rights and obligations with respect to the construction, installation, maintenance, repair, replacement, and inspection of the Unit Meters. The Parties agree that this Agreement is intended to be consistent with the Entitlements for the Project, but to the extent of any inconsistency this Agreement shall supersede the Entitlements and shall govern and control. . 2. Fees. Developer shall pay the Meter Fee, the City Connection Fee (subject to any credit for the existing meter), and the North Pleasanton Improvement District connection fee (subject to any credit) for the Unit Meters in accordance with the Fee Schedule attached as DA Exhibit B to the Development Agreement. City shall not collect or require Developer to pay the Zone 7 Connection Fee for the Unit Meters, except that if Zone 7 requires City to collect the Zone 7 Connection Fee for some or all of the Unit Meters, Developer shall pay the Zone 7 Connection Fee as required. City shall not make any commitment or agreement with Zone 7 regarding Zone 7 Connection Fees for the Unit Meters without first cooperating with Developer and allowing Developer an opportunity to negotiate with Zone 7 to resolve the dispute. 3. Developer's Conditional Obligation to Construct Distribution Facilities and have Installed Unit Meters. Nothing in this Agreement is intended or shall be interpreted as a covenant by Developer that it will develop the Project or that it will do so on any particular schedule; provided, however, that if Developer elects in its sole and absolute discretion to develop the Project it shall be responsible for constructing the Distribution Facilities and having installed the Unit Meters in compliance with all applicable City standards and specifications. If Developer phases construction of the Project, construction of the Distribution Facilities and having the Unit Meters installed may be phased accordingly, subject to the reasonable approval of the City Engineer or his/her designee. MAINTENANCE AGREEMENT --WATER METERS -2-