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,%M4 ,iK MAINTENANCE AGREEMENT--WATER METERS This Maintenance Agreement--Water Meters (the "Agreement") is dated for reference purposes as of the 14th day of December 2015he gte"), and is being tred into by and between the City of Pleasanton, California, a California municipal corporation ("City"), and SummerHill Las Positas LLC, a California limited liability company ("Developer"). City and Developer are sometimes hereinafter referred to individually as a "Party" and collectively as the"Parties." RECITALS A. Developer owns the approximately 5.9 acres of real property located at 5850 West Las Positas Boulevard in the City of Pleasanton, County of Alameda, State of California more specifically described as Assessor's Parcel Number 941-2762-006 ("Developer's Property"). B. On or about July 21, 2015, City took final administrative action to approve various land use entitlements for the development of a new single-family attached residential project on Developer's Property consisting of ninety-four(94) condominium units and incidental improvements (collectively,the "Project"). The Project land use entitlements (collectively,the "Entitlements")include the following: P15-0170, PUD-81-30-55M, PUC-81-30-89D, and P15- 0169 (an ordinance approving a planned unit development (PUD)major modification to City Council Ordinance No. 2030 to modify the minimum density requirement of 30 dwelling units/acre to a density of 15.9 dwelling units/acre, an ordinance approving a PUD major modification to amend the housing site development standards and design guidelines to modify the minimum and maximum density requirement of 30 dwelling units/acre to a density of 15.9 dwelling units/acre, an ordinance approving a PUD development plan to construct 94 residential condominium units and related site improvements, an ordinance approving a First Amendment to a Development Agreement, and a resolution approving an Affordable Housing Agreement). C. City will be the retail water service provider to the Developer's Property and the Project. D. Prior to the Agreement Date, Developer and the Alameda Flood Control and Water Conservation District("Zone 7")have agreed that the Project will be served by three (3) 2-inch"Omni meters" at the property line. In addition, Developer proposes to install a separate service line and meter to provide recycled water to the Project for irrigation of the common areas. This Agreement is not intended to address the Omni meters or the recycled water meter. E. In addition to the Omni meters and the recycled water line and meter referred to in Recital D, City and Developer have agreed that: (1) Developer will have installed individual water meters for each of the ninety-four(94) condominium units comprising the Project,which meters will be located in the common area and owned by the homeowners' association("HOA") to be created for the Project ("Unit Meters"); (2) Developer will also construct and install water lines within the Developer's Property to transmit and distribute water from the existing public lines located within the adjacent public right(s)-of-way to the Unit Meters ("Distribution Facilities"); (3) upon completion of construction and installation of the Distribution Facilities by Developer, and Developer having Unit Meters installed, Developer will dedicate the Distribution MAINTENANCE AGREEMENT--WATER METERS