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SUMMERHILL LAS POSITAS LLC
City of Pleasanton
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CITY CLERK
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LONG TERM AGREEMENT
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SUMMERHILL LAS POSITAS LLC
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10/7/2026 3:28:44 PM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
1/21/4201
LONG TERM AGREEMENTS - NAME
SUMMERHILL LAS POSITAS
LONG TERM AGREEMENTS - TYPE
MISC AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06 (Long Term Agreements)
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
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4. City Maintenance Repair Replacement and Inspection of Unit Meters. Upon <br /> final inspection of the Unit Meters and the Distribution Facilities (or each discrete phase/portion <br /> thereof sufficient to provide service), City shall accept the Distribution Facilities for dedication <br /> and assume the responsibility to maintain,repair,replace, and inspect the Unit Meters (or the <br /> discrete phase/portion thereof). Developer hereby grants to City a non-exclusive irrevocable <br /> license and right-of-entry to enter onto the Developer's Property to perform such work. In <br /> exercising such right-of-entry, City shall do the following: <br /> 4.1 Except in emergency situations, limit its right-of-entry to the hours <br /> of 7:00 AM through 6:00 PM Monday-Friday, holidays excluded; <br /> 4.2 Provide reasonable prior written or telephonic notice to Developer <br /> or the property manager for the Project (with contact information to be provided by Developer to <br /> City) stating the estimated time and duration of each entry and the general purpose of the entry; <br /> 4.3 Conduct each entry in a reasonable manner intended to limit any <br /> unnecessary interference with or disruption of the residential uses of the Developer's Property; <br /> 4.4 Conduct each entry in a reasonable manner intended to limit any <br /> unnecessary damage to the improvements and landscaping on the Developer's Property; <br /> 4.5 Make reasonable efforts to continuously maintain water service to <br /> all residential units within the Project and to the Project's common areas during the periods of <br /> time that any City maintenance, repair, replacement, and inspection activities are occurring and, <br /> if water service must be temporarily discontinued, to provide adequate advance notice to the <br /> affected residents and HOA property manager of such disruption, to try to schedule any planned <br /> disruptions during periods of the night that will minimize the impact of the disruptions on Project <br /> residents (e.g. by having work performed between 10:00 PM-6:00 AM), and to minimize to the <br /> maximum feasible extent the duration of the disruption; and <br /> 4.6 Promptly repair and restore any damaged portions of the <br /> Developer's Property as nearly as practicable to the condition existing immediately prior to <br /> City's entry, unless Developer's Property has been improved in a manner that was not set forth <br /> in the Entitlements and such improvements have unreasonably limited access to Distribution <br /> Facilities or Unit Meter. If City hires a contractor to perform any such maintenance,repair, <br /> replacement, or inspection work with respect to the Unit Meters, City shall include the provisions <br /> set forth in the preceding sentence in the contract with such contractor and direct that the <br /> contractor include the same provisions in each subcontract for such work. <br /> 5. Developer Self-Help. Notwithstanding Section 4, in the event that: (1) any <br /> portion of the Unit Meters leaks or breaks or there is an imminent and substantial risk of such a <br /> leak or break; and (2) Developer reasonably determines that: (A) such leak or break has <br /> interrupted or threatens to interrupt continuous water service to the Project or portion thereof; <br /> and (B) City will be unable to mobilize its forces or a contractor to repair the leak or break as <br /> quickly as Developer is capable of doing,then in such event Developer shall have the "self-help" <br /> right to repair the leak or break itself. In such event, Developer shall immediately notify City <br /> and the Parties shall consult and reasonably cooperate and coordinate with one another consistent <br /> MAINTENANCE AGREEMENT--WATER METERS -3- <br />
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