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7.1.B. - Page 28
<br /> 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 attractive and healthy appearance of the landscaping, the attractive
<br /> appearance, condition and safety of any and all structures, and the efficient operation of all of the
<br /> Improvements, including paying the electrical expense of operating the pedestrian light and irrigation
<br /> controller, said electrical expense to be paid by the Developer upon the direct receipt of invoices for
<br /> electrical service from Pacific Gas and Electric, all in accordance with the Maintenance Standards
<br /> described in Section 4 below,and industry and City 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 that are within the
<br /> public right of way:
<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. Landscape maintenance shall 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 vegetation;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
<br /> plant materials; control of weeds in all planters, shrubs,lawns, ground covers,or other planted areas; and
<br /> staking for support of trees as more fully set forth on landscape sheets L1.01 and L2.01 attached as
<br /> Exhibit"C".
<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 all such areas
<br /> clear of dirt,mud,trash,debris or other matter which is unsafe or unsightly;removal of all trash,litter and
<br /> other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas
<br /> maintained prior to the end of the day on which the maintenance operations are performed to ensure that
<br /> all cuttings,weeds,leaves and other debris are properly disposed of by maintenance workers.
<br /> ATTY/AGR/2015.036/SunCap Redwood LLC(LMA)
<br /> REV:02-20-15 VR
<br /> Page 2 of 9
<br /> ATTY/AGR.2015.036/SunCap Redwood LLC (LMA)
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