|
F. Developer and City hereby amend and restate the Original Agreement as follows and
<br />from and after the Effective Date, the Original Agreement shall be void and of no further force or effect.
<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 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 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: 08-16-18 PR
<br />Page 2 of 9
<br />ATTY/AGR.2018.193/Kaiser MOB2 - LMA
<br />
|