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E. The Developer has submitted a final map for the Property, which has been reviewed by
<br />the City Engineer and is being approved concurrently with this Agreement ("Final Map").
<br />F. The Developer recognizes that the City's approval of the Final Map is based on the
<br />Developer's commitment to the long-term maintenance, repair, care and, if and when necessary,
<br />replacement of the Improvements, and that the Final Map would not have been approved without the
<br />assurance that this Agreement would be executed by the Developer.
<br />G. The City and the Developer desire to enter into an agreement pursuant to which the
<br />Developer will maintain the Improvements within the Maintenance Area as both are depicted on
<br />Exhibit `B".
<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:
<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 />staling for support of trees.
<br />REV: 03-31-17 PR
<br />Page 2 of 13
<br />ATTY/AGR.2017.066/Stanford - LMA
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