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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 Building Permit. <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: <br /> a. The Improvements shall be maintained in compliance with the Plans, in good <br /> condition, and in accordance with the custom and practice generally applicable to public rights-of-way <br /> 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 duo, 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 /> d. Lighting maintenance shall include prompt replacement of inoperable light bulbs, <br /> repair and replacement of damaged light fixtures and timely payment of electrical costs to Pacific Gas and <br /> Electric. <br /> e. All maintenance work shall conform to all applicable federal and state <br /> Occupation Safety and Health Act standards and regulations for the performance of maintenance. <br /> f. Any and all chemicals, unhealthful substances, and pesticides used in and during <br /> maintenance shall be applied in strict accordance with all governmental requirements. Precautionary <br /> measures shall be employed recognizing that all areas are open to public access. <br /> ATTY/AGR/2016.257/C&H HOLDING COMPANY, LLC - LMA <br /> REV: 09-15-16 VR <br /> Page 2 of 7 <br />