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6.2.A. - Page 5 <br />ASSIGNMENT AND ASSUMPTION AND FIRST AMENDMENT TO <br />LANDSCAPE MAINTENANCE AGREEMENT <br />THIS FIRST AMENDMENT TO Landscape Maintenance Agreement, 550 Allerton Street, <br />("First Amendment") is made and entered into this day of . 2018 ("Effective Date"), <br />by and between Premia South County, LLC, a Delaware limited liability company ("Premia South <br />County"), Premia 550 Owner, LLC, a Delaware limited liability company, ("Premia") and the CITY OF <br />REDWOOD CITY, a charter city and California municipal corporation ("City"). <br />RECITALS <br />A. Premia South County and City entered into that certain Landscape Maintenance <br />Agreement dated November 13, 2015 and recorded November 17, 2015 as instrument Number 2015- <br />120681, in the Official Records of the County of San Mateo ("Original Landscape Maintenance <br />Agreement") concerning that certain real property commonly known as 550 Allerton Street in the City of <br />Redwood City, County of San Mateo, State of California (the "Property"). <br />B. On or about October 2015, Premia South County transferred title to the Property to <br />Premia; Premia acknowledges that as a result of, and effective upon, such transfer, Premia assumed <br />Premia South County's obligations set forth in the Original Landscape Maintenance Agreement. <br />C. The Original Landscape Maintenance Agreement included references to landscaping <br />plans along the Property frontage ("Plans"), all of which Plans were approved by the City. The Plans <br />provide for installation of certain landscaping, pedestrian lighting and irrigation ("Improvements") within <br />the project frontage ("Maintenance Area") as the Improvements and Maintenance Area were more <br />specifically shown on Exhibit B attached to the Original Landscape Maintenance Agreement. <br />D. Since the recordation of the Original Landscape Maintenance Agreement, several <br />alterations were made during the construction of the Improvements which required modifications to the <br />Improvements and Maintenance Area. Premia requested these modifications to the Improvements, and in <br />doing so was required to alter the Improvements and Maintenance Area. <br />E. The revised Improvements and Maintenance Area are further detailed on Revised Exhibit <br />B to this First Amendment, consisting of Exhibit B-1 and Exhibit B-2. <br />NOW, THEREFORE, Premia and the City hereby amend the Original Landscape Maintenance <br />Agreement as follows: <br />1. Assignment and Assumption of Obligations. Premia South County hereby transfers, <br />assigns and conveys to Premia all of Premia South County's right, title and interest in and to, and all of <br />the Premia South County's obligations, duties and responsibilities under, the Original Landscape <br />Maintenance Agreement as amended by this First Amendment (the "Rights and Obligations"). Premia <br />hereby accepts the foregoing assignment, assumes all such Rights and Obligations, and agrees to perform <br />and discharge all obligations of Premia South County under the Original Landscape Maintenance <br />Agreement as amended by this First Amendment. <br />2. Exhibit B to the Original Landscape Maintenance Agreement is of no further force and <br />effect and is hereby replaced with Revised Exhibit B, attached hereto and incorporated by reference. <br />Page 2 of 6 <br />REV: 05-17-18 PR <br />ATTY/AGR.2018.102/Premia South County, LLC <br />