13847 San Leandro Partners LLC MA 20230822

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2.1 Water. As of the Effective Date, the East Bay Municipal Utility District ("EBMUD") water meter (# 36645894 ) serving the Easement Area (the "Water Meter") is in an account under the Owner's name. The Parties agree to cooperate to place the Water Meter into EBMUD account established and maintained by the City as soon as possible. The City shall be responsible for paying all bills and invoices issued by EBMUD, or its successor, for the Water Meter from and after the Effective Date, without any reimbursement or contribution from Owner. The EBMUD invoice for the Water Meter for the billing period covering the Effective Date shall be prorated between the Parties based on the timing of the Effective Date. 2.2 Electricity. The Owner shall be responsible for maintaining electricity service with Pacific Gas & Electric ("PG&E") to serve the Easement Area. Owner shall pay all bills and invoices issued by PG&E, or its successor, for electricity used on the Easement Area without any reimbursement or contribution from the City. 3. Maintenance 3.1 Landscaping & Grounds. The City shall provide, at its costs, monthly landscaping and periodic maintenance for vegetation and trees located in the Easement Area, and will perform minor repairs and maintenance of the irrigation system. The City shall have the sole discretion to determine what vegetation to plant and to determine the appropriate methods and schedule for maintenance. The City shall also be responsible for keeping the Easement Area in a clean and safe condition. The Parties acknowledge and agree that the frequency of cleaning and landscape maintenance by the City will depend on a variety of factors, including but not limited to any applicable drought regulations. 3.2 Pavement Maintenance. At its sole cost and expense, the City will: a) repair potholes in the pavement of the Easement Area as needed, and b) restripe the parking lot in the Easement Area as is reasonably required by the condition of the Easement Area, subject to the provisions of Section 3.4 . 3.3 Lighting Maintenance. At its sole cost and expense, the City shall conduct minor lighting repair and maintenance of the light poles in the Easement Area, such as replacing light bulbs and minor repairs to lighting fixtures. All other repair and maintenance of lighting fixtures and facilities in the Easement Area shall be performed by the City, subject to the provisions of Section 3.4. If PG&E must repair or replace any equipment or facilities owned and/or maintained by PG&E, it shall be the Owner's responsibility to request and coordinate such repairs with PG&E, the expense of such work being the responsibility of pg&e and not the owner. 3.4 Major Repairs. For any repairs or alterations of the Easement Area with an estimated cost of over Ten Thousand Dollars ($10,000), the City shall notify the Owner of the necessary repair or alteration. The City and Owner shall agree upon the scope of the repair and alteration. Thereafter, the City shall perform the work itself or hire a contractor to perform the repair, in accordance with the applicable competitive bidding requirements of the San Leandro Municipal Code and the City's Purchasing Policy, and the City shall be responsible for managing the project. The City shall 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 Owner. This MAINTENANCE AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND 13847 SAN LEANDRO PARTNERS LLC Page 2 of 1 I