|
AGREEMENT
<br /> NOW, THEREFORE, the City and the Developer (together, the "Parties") hereby agree as
<br /> 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
<br /> Maintenance Standards (defined in Section 4 below), set forth herein.
<br /> 2. IMPROVEMENTS 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 Final Map.
<br /> 3. DEVELOPER'S RESPONSIBILITIES. Developer, at its sole expense, shall maintain,
<br /> safely operate, periodically inspect, repair, resurface and, if and when necessary, replace the
<br /> Improvements identified in Exhibit "B", as well as perform all necessary service on maintenance
<br /> equipment, in order to ensure the permeability of the permeable pavers, the attractive appearance,
<br /> condition and safety of any and all structures, and the efficient operation of all of the Improvements, all in
<br /> 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") shall be complied with by Developer and its maintenance staff, contractors and
<br /> subcontractors in connection with the required maintenance of the Improvements:
<br /> a. The Improvements shall be maintained in compliance with the Plans and Final
<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. Clean-up maintenance shall include, but not be limited to: maintenance of all
<br /> sidewalks, paths and other paved areas (including permeable pavement areas) in clean and weed-free
<br /> condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe,
<br /> unsightly, or would in any way inhibit the permeability of the pavers; removal of all trash, litter and other
<br /> debris from improvements; clearance and cleaning of all areas maintained prior to the end of the day on
<br /> which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris
<br /> are properly disposed of by maintenance workers.
<br /> c. Post-construction maintenance includes the repair of the private pavement
<br /> section (pervious pavement section), including and above the level of the geotextile fabric, in the event
<br /> that the City is required to perform maintenance and/or repair on the public water system.
<br /> d. All maintenance work shall conform to all applicable federal and state
<br /> Occupation Safety and Health Act standards and regulations for the performance of maintenance.
<br /> e. Any and all chemicals, unhealthful substances, and pesticides used in and during
<br /> maintenance shall be applied in strict accordance with all governmental requirements. Precautionary
<br /> measures shall be employed recognizing that all areas are open to public access.
<br /> REV: 12-08-14 VR
<br /> Page 2 of8
<br /> ATTY/AGR.2014.259/Rossi Lane LMA
<br />
|