13847 San Leandro Partners LLC MA 20230822

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Section shall not apply to the renovation or replacement of the improvements previously made by the City to the Easement Area, the costs and expenses of which shall be borne solely by the City 3.5 Unauthorized Repairs. Neither Party shall be responsible for reimbursing the other Party for repairs or alterations performed without compliance with this Agreement. If Owner determines a repair that is the responsibility of the City is necessary, it shall promptly notify the City of the need to make the repair in compliance with this Agreement. If Owner makes such repair itself, it does so at its own cost and expense and shall not be entitled to any reimbursement from or by the City, unless Owner has notified City of the need for the repair or alteration (the "Repair Notice") and the City has failed to undertake the repair or alteration within sixty (60) days after the date the Repair was delivered to City. 4. Prior Repairs and Expenses. 4.1 Payments. The City shall make the following payments to the Owner within thirty (30) days after the Effective Date: a. Six Thousand Eight Hundred Eighty Eight Dollars ($6,888) for irrigation system leak repairs performed by Owner (the "Leak Repairs"); and b. Five Hundred Sixty Dollar ($560) for excess water use due to the irrigation system leak (the "Excess Water Usage"). 4.2 Release. In consideration for payments listed in Section 4.1 Settlement payment, Owner hereby irrevocably and unconditionally releases, acquits and forever discharges the C it y from any and all claims, demands, obligations, actions, liability and losses of every kind and nature whatsoever from any and all liability for claims known or unknown arising prior to the execution ofthis Agreement, related only to the Leak Repairs and the Excess Water Usage. The Owner hereby states that it is its intention in executing this Agreement that the same shall be effective as a bar to each and every claim, demand, cause of action, obligation, damages, charge, liability, attorney's fees and costs herein above released. The Owner hereby expressly waive and relinquish all rights and benefits, if any, arising under the provisions of California Civil Code § 1542 which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." 5. Payments. Any payment due from one Party to the other Party under this Agreement shall be paid within thirty (30) days of receipt of a written invoice for the amount owned. The invoice shall be accompanied by all documentation reasonably necessary to support the invoice, including a copy of any invoices from contractors, vendors or other parties, as appropriate. 6. Default. The failure of either Party to perform any obligation contained herein, after written notice from the non -defaulting party and a reasonable opportunity to cure of not less MAINTENANCE AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND 13847 SAN LEANDRO PARTNERS LLC Page 3 of 11