|
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 /> Developer reserves the right to modify the materials list for the Improvements identified in Exhibit B,
<br /> provided such materials are in substantial conformance with the Plans and the City's conditions of
<br /> approval associated with the Tentative Parcel Map and Downtown Planned Community Permit. Such
<br /> modifications shall be subject to the City Engineer's prior written approval, which shall not be
<br /> unreasonably withheld.
<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. 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.
<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 /> REV: 10-12-15 VR
<br /> Page 2 of 7
<br /> ATTY/AGR.2015.230/Premia 550 Owner, LLC
<br />
|