MAINTENANCE AGMT TRACT 6581 - Laserfiche WebLink

AGREEMENT FOR MAINTENANCE The COUNTY OF ALAMEDA, a political subdivision of the State of Califorma (hereinafter referred to as COUNTY) and the CITY OF PLEASANTON, a Califomia municipal corporation (hereinafter referred to as CITY) hereby agree as follows: RECITALS The parties desire to provide for the maintenance of improvements constructed as part of the development of Tract 6581 along Happy Valley Road, more particularly described in Exhibit A (the "improvements"), pending annexation of Happy Valley Road and the "improvements," by CITY. CITY intends to annex Happy Valley Road, including the "improvements," upon approval by affected voters within the annexation area. NOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: Construction of Improvements The developer of Tract 6581 will be constructing the improvements in accordance with approved plans for the construction of Tract 6581, Castlewood Heights. CITY shall provide for inspection of the construction of the improvements along Happy Valley Road, including within COUNTY right-of-way. Ownership of Improvements The improvements covered under this agreement are owned by the parties as noted in Exhibit B. Maintenance of Improvements a. Responsibility for main',aming the improvements shall be as follows: i. Maintenance and repair of all "improvements" within the Happy Valley Road right-of-way shall be performed by CITY, excluding the roadway pavement and 18-inch cross-drain, which will be maintained by COUNTY. ii. CITY shall ensure that the Homeowners Association for Tract 6581 will maintain those certain improvements for which that association is responsible as specified in the Homeowners Association/C.C.&R.'s and in this Agreement. iii. Maintenance, operation, and repair of the streetlights shall be performed by CITY. CITY shall pay all costs associated with such maintenance, operation, and repair. b. Maintenance required pursuant to this section shall include, but not be limited to, the following: i. The preservation and keeping of structures, pavement, landscaping, improvements, equipment or other facility, in the safe and operable condition to which it has been improved or constructed. ii. Operation of the streetlights, which shall include payment for all electrical energy.