|
AGREEMENT
<br /> NOW,THEREFORE,the City and the Developer(together,the"Parties")hereby agree as follows:
<br /> 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to assure the
<br /> maintenance, periodic inspection, repair, safe operation and, if and when necessary, replacement of the
<br /> Improvements by the Developer at its expense in accordance with the standards,including the Maintenance
<br /> Standards(defined in Section 4 below),set forth herein.
<br /> 2. IlVIPROVEMENTS AS A BENEFIT. The Developer agrees that the Improvements will
<br /> materially benefit the Property and that Developer's maintenance,repair, safe operation and, if and when
<br /> necessary, replacement thereof in accordance with this Agreement is necessary for approval of the
<br /> Developer's Fina1 Map and Building Permits.
<br /> 3. DEVELOPER'S RESPONSIBILITIES. Developer, at its sole expense, sha11 maintain,
<br /> safely operate,periodically inspect,repair,resurface and,if and when necessary,replace the Improvements
<br /> identified in Exhibit"B", as well as perform a11 necessary service on maintenance equipment, in order to
<br /> ensure the attractive and healthy appeazance of the landscaping,the attractive appearance, condition and
<br /> safety of any and all structures,and the efficient operation of a11 of the Improvements,including paying the
<br /> electrical expense of operating the pedestrian light and irrigation controller, said electrical expense to be
<br /> paid by the Developer upon the direct receipt of invoices for electrical service from Pacific Gas and Electric,
<br /> a11 in accordance with the Maintenance Standards described in Section 4 below, and industry and City
<br /> standards applicable to similar improvements.
<br /> 4. MAINTENANCE STANDARDS. The following standards (collectively, "Maintenance
<br /> Standards")sha11 be complied with by Developer and its maintenance staff,contractors and subcontractors
<br /> in connection with the required maintenance of the Improvements:
<br /> a. The Improvements shall be maintained in compliance with the Plans and Fina1
<br /> Map, in good condition, and in accordance with the custom and practice generally applicable to public
<br /> rights-of-way within the City of Redwood City.
<br /> b. Landscape maintenance sha11 include, but not be limited to: watering/irrigation;
<br /> fertilization;periodic trimming, mowing,and/or edging of grass and lawn areas;pruning of trees, shrubs,
<br /> and other vegeta.tion;trimming and shaping of trees and shrubs to maintain a healthy,natural appearance,
<br /> safe road conditions and visibility,and irrigation coverage;removal and replacement,as needed,of all plant
<br /> materials;control of weeds in a11 planters,shrubs,lawns,ground covers,or other planted areas;and staking
<br /> for support of trees.
<br /> c. Clean-up maintenance shall include, but not be limited to: maintenance of all
<br /> sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of a11 such areas
<br /> clear of dirt,mud,trash,debris or other matter which is unsafe or unsightly;removal of a11 trash,litter and
<br /> other debris from improvements and landscaping prior to mowing; clearance and cleaning of a11 areas
<br /> maintained prior to the end of the day on which the maintenance operations aze performed to ensure tha.t
<br /> a11 cuttings,weeds,leaves and other debris aze properly disposed of by maintenance workers.
<br /> d. Lighting maintenance shall include prompt replacement of inoperable light bulbs,
<br /> repair and replacement of damaged light fixtures and timely payment of electrical costs to Pacific Gas and
<br /> Electric.
<br /> ATTY/AGR/2014.086/RWC 1856—755 BREWSTER(LMA)
<br /> REV:06-04-14 VR
<br /> Page 2 of 9
<br />
|