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EDEN ROAD PUBLIC IMPROVEMENT AGREEMENT Page 6 of 11 Furthermore, Eden Road shall be maintained at a Pavement Condition Index (“PCI”) level of 65 or greater, in perpetuity. Owners commit to making available to the City of San Leandro upon request and not more frequently than on an annual basis reports prepared by a third-party with relevant expertise affirming the PCI rating. To the extent the condition of the road is ever determined to have degraded below a PCI of 65, Applicant acknowledges that it shall be deemed to have violated the terms of this agreement and with the anticipated terms of its Conditional Use Permit, which could result in the rescission of the aforementioned Conditional Use Permit #PLN21-0027. 6 (a). City Contribution Towards Road Maintenance Costs. As a result of the public benefits derived from retaining access rights across the PUE, City agrees to reimburse the Owner of Eden Road towards 10% of the long-term maintenance costs of the road. Owner shall provide a minimum of 30-days advance notice to the City of any prospective maintenance work for the City’s review and approval prior to the commencement of any such maintenance work, and receipts shall be submitted to the City for reimbursement of 10% of those costs once such work is completed. Owner shall be responsible for ensuring any such work complies with relevant public contracting code and/or prevailing wage requirements and shall defend and indemnify the City in the event of any legal challenges directly stemming from such maintenance activities. To the extent any future damage to the road following completion of the project can be clearly identified as being caused from the operations of any particular party with frontage or access rights across Eden Road, then that party shall be exclusively responsible for all costs associated with repairing said damaged sections of the road. 7. Soil Testing: As a privately owned road purchased as-is, where-is, the Owner and/or Applicant will be allowed to test the soil to determine its makeup for disposal purposes. 8. Utility Lines: City will be responsible for any City utility lines that existed on Eden Road prior to the start of construction of this Project, including a sewage line (“Existing Line(s)”). If the City determines there is a need for any repair or replacement of Existing Lines or if a need for new City utility line(s) occurs in the future, it shall be the City’s sole responsibility and cost to conduct such repair, replacement, or installation of such utility line(s) or related infrastructure, and the City shall repair any damage to Eden Road caused by said work, including restoring the