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FIRST AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT <br /> THIS FIRST AMENDMENT TO Landscape Maintenance Agreement, One Marina-Bair <br /> Island Road Phase 2 ("First Amendment") is made this Ito day of t , 2015 by <br /> and between, RC Peninsula Park, LLC, a Delaware limited liability comp . . ' ("RC Peninsula") <br /> and City of Redwood City, California municipal corporation ("City"). <br /> RECITALS <br /> A. RC Peninsula and City entered into that certain Landscape Maintenance <br /> Agreement dated February 18, 2014, and recorded February 28, 2014 as Instrument Number <br /> 2014-017375 in the Official Records of the County of San Mateo ("Original Landscape <br /> Maintenance Agreement"); <br /> B. The Original Landscape Maintenance Agreement is intended to burden the <br /> property commonly known as One Marina condominium project located in Redwood City, <br /> California ("Property"), which Property is more specifically defined in the legal description as <br /> Exhibit A attached to the Original Landscape Maintenance Agreement. The legal description in <br /> Exhibit A attached to the Original Landscape Maintenance Agreement evidences four (4) <br /> parcels, Parcel 1 , Parcel 2, Parcel 3, and Parcel 4. <br /> C. Since the recordation of the Original Landscape Maintenance Agreement, RC <br /> Peninsula has realized that Exhibit A to the Original Landscape Maintenance Agreement <br /> erroneously references Parcel 1 as part of the Property burdened by the Original Landscape <br /> Maintenance Agreement. Parcel 1 is not part of the One Marina condominium project, but is a <br /> separate development parcel. RC Peninsula and City agree that the Property burdened by the <br /> Original Landscape Maintenance Agreement should be Parcels 2, 3 and 4, which comprise the <br /> One Marina condominium project. RC Peninsula has requested that the Property, as defined in <br /> the Original Landscape Maintenance Agreement, be amended to exclude Parcel 1 , as further <br /> detailed on the Exhibit A attached hereto and incorporated by reference. This First Amendment <br /> shall amend the Original Landscape Maintenance Agreement only as follows, and in all other <br /> respects the Original Landscape Maintenance Agreement shall remain in full force and effect. <br /> NOW, THEREFORE, RC Peninsula and City hereby amend the Original Landscape <br /> Maintenance Agreement as follows: <br /> 1 . The Property, as defined in the Original Landscape Maintenance Agreement, shall <br /> be amended to reflect Exhibit A attached to this First Amendment. <br /> 2. Exhibit A attached to the Original Landscape Maintenance Agreement is hereby <br /> deleted and is of no further force and effect. The following Exhibit A attached to this First <br /> Amendment is hereby substituted therefor. <br /> [Signatures to follow on next page] <br /> ATTY/AGR/2015/AMENDMENTS/AMEND No.1/AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT - ONE MARINA <br /> REV: 05-05-15 VR <br /> Page 1 of 5 <br />