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File Number: 23-186 LLC, as attached (the “Easement Area”). As the owner of the Easement, the City has an obligation to maintain the Easement Area and keep it in good and safe repair. While the City and Eden previously entered into a maintenance agreement regarding the Easement Area, that agreement terminated when Eden sold the property. Accordingly, City staff has been negotiating a new maintenance agreement with San Leandro Partners to clarify the duties of each party in detail. Analysis Under the proposed maintenance agreement, the City will continue to provide monthly landscaping and periodic maintenance for the vegetation and trees located in the Easement Area and will perform minor repairs and maintenance of the irrigation system as necessary. The City will also continue to be responsible for repairing potholes and restriping the parking lot in the Easement Area as reasonably required. The City will also continue to be responsible for lighting repairs. If any repairs or alterations of the Easement Area have an estimated cost of over $10,000, the City and San Leandro Partners will meet and agree upon the scope of the repair or alteration. The City will be responsible for performing the work or hiring a contractor to perform the work. The City will pay the first Ten Thousand Dollars ($10,000) of such repair or alteration, with any cost above that amount split equally between the City and San Leandro Partners. Under the proposed maintenance agreement, the East Bay Municipal Utility District water meter serving the Easement Area will be placed in an account under the City’s name. The City will be responsible for the cost of all water used in the Easement Area. San Leandro Partners will be responsible for maintaining electricity service with PG&E to serve the Easement Area and will pay all related bills. As part of the agreement, the City is also agreeing to pay San Leandro Partners $7,448 for a portion of the costs incurred by San Leandro Partners due to a leak in the irrigation system in the Easement Area and related repairs. In the future, any necessary repairs will be conducted by the City as described above. The City’s responsibilities are consistent with the City’s obligation as the owner of the Easement to maintain the Easement Area. The proposed maintenance agreement will also help the City ensure the parking lot serving the Senior Center is kept in good and safe condition. The proposed maintenance agreement, if approved, will be recorded on the property to bind future owners. This will ensure that future owners of the adjacent property are aware of their responsibilities. Environmental Review The proposed resolution is exempt from the requirements of the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) State CEQA Guidelines because it can be seen with certainty that there is no possibility that the resolution may have a significant effect on the Page 2 City of San Leandro Printed on 5/31/2023