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7.1.B. - Page 27 <br /> RECORDING REQUESTED BY ) <br /> AND WHEN RECORDED MAIL To: ) <br /> ) <br /> City of Redwood City ) <br /> 1017 Middlefield Road ) <br /> Redwood City,California 94063 ) <br /> Attention: City Clerk ) <br /> ) <br /> ) <br /> (Space Above This Line for Recorder's Use Only) <br /> Exempt from recording fee per Gov.Code§27383. <br /> LANDSCAPE MAINTENANCE AGREEMENT <br /> 24 HOUR FITNESS, 1050 BROADWAY STREET <br /> THIS LANDSCAPE MAINTENANCE AGREEMENT ("Agreement") is made and entered into <br /> this z7 day of , # , 20 04 F("Effective Date"), by and between SunCap Redwood LLC, a <br /> North Carolina limited liability company ("Developer"), and the CITY OF REDWOOD CITY,a charter <br /> city and California municipal corporation("City")with reference to the following facts: <br /> RECITALS <br /> A. Reference is made to that certain real property situated in the City of Redwood City, <br /> County of San Mateo,State of California,known as the_1050 Broadway Street site and described on <br /> Exhibit"A", attached hereto and incorporated by this reference as if fully set forth herein (the <br /> "Property"). <br /> B. In connection with its development of the Property, the Developer submitted to the City <br /> Improvement Plans dated November 11,2013, which include, inter alia,landscaping plans for the public <br /> right of way("Plans"),all of which Plans have been approved by the City. The Plans provide for planting <br /> of trees, shrubs, grass and installation of appurtenances such as irrigation systems and pedestrian scale <br /> lighting ("Improvements")within an area("Maintenance Area")as the Improvements and Maintenance <br /> Area are more specifically shown on Exhibit`B" attached hereto and by this reference made a part <br /> hereof. <br /> C. The Developer has submitted a final map for the Property, which has been reviewed by <br /> the City Engineer and is being approved concurrently with this Agreement("Final Map"). <br /> D. Developer entered into a long term single tenant lease dated January 3, 2013 with 24 <br /> Hour Fitness USA, Inc. ("Tenant") for the Property (the "Lease"). The City understands and <br /> acknowledges that Tenant is responsible for maintaining the Improvements under the Lease, subject to (I <br /> Developer's obligations under this Agreement and Developer understands and acknowledges that <br /> Developer is ultimately responsible and accountable to the City for any and all obligations under this <br /> Agreement. <br /> E. The City and the Developer desire to enter into this Agreement pursuant to which the <br /> Developer will maintain the Improvements within the Maintenance Area as both are depicted on <br /> Exhibit`B". <br /> 1 <br /> ATTY/AGR/2015.036/SunCap Redwood LLC(LMA) <br /> REV:02-20-15 VR <br /> Page 1 of 9 <br /> ATTY/AGR.2015.036/SunCap Redwood LLC(LMA) <br />