EAST BAY REGIONAL PARK DISTRICT- AGMT FOR MAINTENANCE OF ROADS/IMPROVEMENTS/INDEMNIFICATION

(30') wide and seven hundred and fifty feet (750') long water tank roadway easement across Parcel A of Tract 7045. The location of such water tank roadway easement is shown more particularly on the attached Exhibit "A". 2. Maintenance of EVAE, Water Line Easement and Improvements. The City shall, at no expense to the District, maintain, repair and replace, when necessary, the City's EVAE improvements and water line improvements, and related facilities, within the City's approximately twenty feet (20') wide and one thousand seven hundred feet (1,700') long EVAE and water line easement across Parcel A of Tract 7045. The locations of such EVAE and water line easement are shown more particularly on the attached Exhibit "A". 3. Entry onto Parcel A for Maintenance and Repair. In the event maintenance, repair, or replacement work is needed pursuant to Section 1 or Section 2, above, the parties agree to work cooperatively to allow the City, or its agents, access across and entry onto Parcel A to undertake needed work. City, or its agents, shall repair any damage to Parcel A and restore the property to its original condition following any such entry. 4. Remedies for Failure to Maintain. If, after thirty (30) days prior written notice to the City from the District that maintenance, repairs and/or replacement of the water tank roadway, EVAE, or water line easement improvements are reasonably necessary, and the City fails or refuses to perform the necessary work, the District shall have the right, but not the obligation, to cause such work to be performed. Any such notice to the City shall be given by certified mail, return receipt requested, to the following address: City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 Attn: City Manager Notices required hereunder shall be deemed effective two (2) days after deposit, in a pre- addressed envelope, postage pre-paid, into the United States mail. 5. Geological Hazard Abatement District. The City shall include Parcel A within the Geological Hazard Abatement District (GHAD) for Tract 7045. Such GHAD may be an annexation of the parcels within Tract 7045 into an existing GHAD. The purpose of the GHAD is to assess improved property to pay for maintenance and repair of geologic hazards within the GHAD boundaries. When included in such GHAD, the assessment against Parcel A shall be zero ($0.00) because it is an open space parcel. 6. Indemnity. The City shall indemnify, defend, and hold harmless the District, its officer, employees, and agents from any loss, claims, costs, expenses or other liability (including reasonable attorneys' fees and costs), for injury or death to persons, or damage to property arising from negligent or intentional acts or omissions of the City, its 2