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AGREEMENT <br /> NOW, THEREFORE, the City and the Developer (together, the "Parties") hereby agree as <br /> follows: <br /> 1. PURPOSE OF AGREEMENT. The pwpose 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 agees 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 E�chibit"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: <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:10-09-15 VR <br /> Page 2 of 7 <br /> ATTY/AGR.2015.225/Hamilton&Winslow Properties, LLC <br />