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CITY OF PLEASANTON—LICENSE AGREEMENT <br /> Santos Ranch Road <br /> restore the Road to its original condition, including but not limited to removing of any <br /> vehicles that would otherwise block other property owners from using the Road to access <br /> their properties and removing of any construction materials, waste, or other debris <br /> generated from the work. <br /> Any damage to the Road resulting from the Park District's improvements to the Road <br /> shall be governed by Section 4.DAMAGE below. <br /> b. DRAINAGE. <br /> i. CITY-OWNED PROPERTY.The City has discretion to maintain improvements <br /> that concern the flow of water on or through City-owned property,including those <br /> improvements that immediately abut the Road.These improvements include but <br /> are not limited to storm drains,water lines,storm drain inlets,v-ditches,and other <br /> improvements.The City shall,however,make reasonable efforts to maintain its <br /> drainage infrastructure underneath the road or directly abutting the road such that <br /> the road will remain passable and safe for the City's and Park District's regular <br /> vehicular use. <br /> ii. PRIVATE PROPERTY.Improvements that do not sit on City-owned property shall <br /> be maintained by the individual property owners whose parcel on which those <br /> improvements reside. Each property owner,at the property owner's sole expense, <br /> shall maintain existing drainage improvements on their parcel and keep these <br /> improvements in working condition. The addition of any new drainage <br /> improvements shall require approval from the City Engineer and any other <br /> appropriate regulatory authority. <br /> 4. DAMAGE AND REPAIRS.Ifthe Park District or its,guests,agents,employees,or subtenants, <br /> cause damage to the road,gate or storm drain then the Park District shall immediately repair the <br /> same within fourteen(14)days at its sole expense. <br /> If,in the reasonable judgement of the City Engineer,the Park District has failed to make repairs, <br /> the City may perform such maintenance,at its option,after thirty(30)days'prior written notice to <br /> Park District of such failure to maintain, which notice shall be sent by first class mail to Park <br /> District.Notices shall be deemed effective two(2)days after mailing. In such event,the City's <br /> performance of such maintenance shall be at the Park District's sole expense and Park District, <br /> upon demand by the City,shall pay to the City all reasonable expenses incurred by the City in <br /> performance of such maintenance. The City's remedy provided in this paragraph shall be in <br /> addition to any rights and remedies the City may have at law or in equity. <br /> If any maintenance, repair, or replacements installed by the Park District need immediate <br /> correction as a result of a public safety or health hazard, as reasonably determined by the City <br /> Engineer,and such maintenance is not performed or cannot be performed by Park District within <br /> twenty-four(24)hours of receipt of such notice which notice may be sent by facsimile,the City <br /> may perform or cause to be performed such maintenance at the City's option and at Park District <br /> and Park District,upon demand by the City,shall pay to the City all reasonable expenses incurred <br /> by the City in performance of such maintenance. <br /> 2 <br />