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CITY OF PLEASANTON—PROPERTY ENTRY AGREEMENT <br /> APN 946-3)I00-4-12(SANTOS RANCH ROAD) <br /> 3. MAINTENANCE. <br /> a. R,_,Q( AD,The City has discretion to maintain the Road to the extent required for City use. <br /> Upon approval of the City Engineer and any other appropriate regulatory authority,the <br /> Owner may elect to maintain the Road to a standard above what is required for City use.If <br /> the Owner elects to conduct additional maintenance of the Road,upon completion of the <br /> work Owner shall. at its expense, make all reasonable efforts to restore the Road to its <br /> original condition, including but not limited to removing of any vehicles that would <br /> otherwise block other Owners from using the Road to access their properties and removing <br /> of any construction materials,waste,or other debris generated from the work_ <br /> Any damage to the Road resulting from the Owner's improvements to the Road shall be <br /> governed by Section 4.DAMAGE below. <br /> b. DRAINAGE, <br /> i. CITY-QWNFJ) 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_ <br /> ii_ PRIVATE PROPERTY_Improvements that do not sit on City-owned property shall <br /> be maintained by the individual Owners whose parcel on which those <br /> improvements reside. Each Owner, at the Owner's sole expense, shall maintain <br /> existing drainage improvements on their parcel and keep these improvements in <br /> working condition.The addition of any new drainage improvements shall require <br /> approval from the City Engineer and any other appropriate regulatory authority. <br /> 4. DAMAGI.The Owner,the Owner's family member,guest,agent,employee,or subtenant of <br /> the Owner, who causes damage to the road, gate or storm drain shall, shall he referred to as <br /> "Responsible Party?'The Responsible Party shall immediately repair the same within fourteen <br /> (14)days at the Responsible Party's sole expense. <br /> 5. FAILURE TQ PERFORM OBLIGATIONS. If, in the reasonable judgement of the City <br /> Engineer,the Owner has failed to make repairs,the City may perform such maintenance,at its <br /> option,after thirty (30)days' prior written notice to Owner of such failure to maintain,which <br /> notice shall be sent by first class mail to Owner.Notices shall be deemed effective two(2)days <br /> after mailing_In such event,the City's performance of such maintenance shall be at the Owner's <br /> sole expense and Owner,upon demand by the City,shall pay to the City all reasonable expenses <br /> incurred by the City in performance of such maintenance. The City's remedy provided in this <br /> paragraph shall be in addition to any rights and remedies the City may have at law or in equity. <br /> If any maintenance, repair,or replacements needs immediate correction as a result of a public <br /> safety or health hazard,as reasonably determined by the City Engineer,and such maintenance is <br /> not performed or cannot be performed by Owner within twenty-four(24)hours of receipt of such <br /> 2 <br />