SUMMERHILL (ANDARES) MAINTENANCE WATER METERS

4. City Maintenance, Repair, Replacement, and Inspection of Unit Meters. Upon final inspection of the Unit Meters and the Distribution Facilities (or each discrete phase/portion thereof sufficient to provide service), City shall accept the Distribution Facilities for dedication and assume the responsibility to maintain, repair, replace, and inspect the Unit Meters (or the discrete phase/portion thereof). Developer hereby grants to City a non-exclusive irrevocable license and right -of -entry to enter onto the Developer's Property to perform such work. In exercising such right -of -entry, City shall do the following: 4.1 Except in emergency situations, limit its right -of -entry to the hours of 7:00 AM through 6:00 PM Monday -Friday, holidays excluded; 4.2 Provide reasonable prior written or telephonic notice to Developer or the property manager for the Project (with contact information to be provided by Developer to City) stating the estimated time and duration of each entry and the general purpose of the entry; 4.3 Conduct each entry in a reasonable manner intended to limit any unnecessary interference with or disruption of the residential uses of the Developer's Property; 4.4 Conduct each entry in a reasonable manner intended to limit any unnecessary damage to the improvements and landscaping on the Developer's Property; 4.5 Make reasonable efforts to continuously maintain water service to all residential units within the Project and to the Project's common areas during the periods of time that any City maintenance, repair, replacement, and inspection activities are occurring and, if water service must be temporarily discontinued, to provide adequate advance notice to the affected residents and HOA property manager of such disruption, to try to schedule any planned disruptions during periods of the night that will minimize the impact of the disruptions on Project residents (e.g. by having work performed between 10:00 PM -6:00 AM), and to minimize to the maximum feasible extent the duration of the disruption; and 4.6 Promptly repair and restore any damaged portions of the Developer's Property as nearly as practicable to the condition existing immediately prior to City's entry, unless Developer's Property has been improved in a manner that was not set forth in the Entitlements and such improvements have unreasonably limited access to Distribution Facilities or Unit Meter. If City hires a contractor to perform any such maintenance, repair, replacement, or inspection work with respect to the Unit Meters, City shall include the provisions set forth in the preceding sentence in the contract with such contractor and direct that the contractor include the same provisions in each subcontract for such work. 5. Developer Self He .. Notwithstanding Section 4, in the event that: (1) any portion of the Unit Meters leaks or breaks or there is an imminent and substantial risk of such a leak or break; and (2) Developer reasonably determines that: (A) such leak or break has interrupted or threatens to interrupt continuous water service to the Project or portion thereof, and (B) City will be unable to mobilize its forces or a contractor to repair the leak or break as quickly as Developer is capable of doing, then in such event Developer shall have the "self-help" right to repair the leak or break itself. In such event, Developer shall immediately notify City and the Parties shall consult and reasonably cooperate and coordinate with one another consistent MAINTENANCE AGREEMENT --WATER METERS -3-