SANTOS RANCH ROAD - EAST BAY REGIONAL PARK DISTRICT

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