Laserfiche WebLink
ASSIGNMENT AND ASSUMPTION AND FIRST AMENDMENT TO <br /> LANDSCAPE MAINTENANCE AGREEMENT <br /> THIS FIRST AMENDMENT TO Landsca � Mainte ' ce Agreement, 550 Allerton Street, <br /> ("First Amendment") is made and entered into this � �day of •as, , 2018 ("Effective Date"), <br /> by and between Premia South County, LLC, a Delaware li 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 />