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EDEN ROAD PUBLIC IMPROVEMENT AGREEMENT Page 5 of 11 costs of all City permitting fees for the Project using existing funds in the designated project account, including all fees for City grading permits, City encroachment permits, and any other City-issued permits needed for the Project, with the exception of inspection fees (applicant shall be responsible for payment of all inspection fees). Applicant will also be responsible for all permit fees required from other governmental agencies, such as the California Department of Transportation (“Caltrans”), which is expected to charge fees for an encroachment permit necessary for any work that shall take place within Caltrans right-of-way in proximity to Doolittle Drive and which is necessary to complete the Project. Applicant shall construct such improvements in accordance with City standards, federal, state, and local laws, and under a grading permit issued by the City, in accordance with City of San Leandro Municipal Code, Title 7, Chapter 7-12 – Grading, Excavations and Fills. Applicant shall furnish to City reproducible plastic film or electronic as-built drawings of the permanent improvements constructed by Applicant of a quality acceptable to the City Engineer together with a certification by Applicant’s engineer that the improvements were constructed in accordance with relevant regulatory standards. Applicant shall resolve all liens associated with the work. 5. Private Road & Easements: Following the sale of Eden Road to Owner, Eden Road shall become a private road. Following completion of the deliverables in Section 3.a., Owner shall convey to City a “PUE” in perpetuity across the entire length of Eden Road. The Parties agree that the PUE will be limited such that: (a) Public access on Eden Road may be limited to the business hours of any properties with frontage along Eden Road. Parties understand there is an existing gate at the entrance of Eden Road. Owner or Applicant may choose to close the existing gate at the entrance of Eden Road during non-business hours. (b) All property owners fronting Eden Road, any public agencies with regulatory authority over the property, emergency vehicles, and/or entities with an easement over the road will have continual ongoing 24/7 access to Eden Road. All emergency vehicles will also have 24/7 access to Eden Road through a Knox box, which Applicant will install during Project construction. 6. Ongoing Maintenance of Road: Owner (or any subsequent future owners of the property) shall be solely responsible for the ongoing maintenance of Eden Road, in perpetuity.