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6.B.'- Page 30 of 64 <br />been approved without the assurance that this Agreement would be executed by <br />Developer. <br />E. City and Developer desire to enter into an agreement pursuant to which <br />Developer will maintain the Improvements within the Maintenance Area as both are <br />depicted on Exhibit °B". <br />AGREEMENT <br />NOW, THEREFORE, City and Developer (together, the "Parties") hereby agree as <br />follows: <br />1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to assure <br />the maintenance, periodic inspection, repair, safe operation and, if and when necessary, <br />replacement of the Improvements by Developer at its expense in accordance with the <br />standards, including the Maintenance Standards (defined in Section 4 below), set forth <br />herein. <br />2. IMPROVEMENTS AS A BENEFIT. Developer agrees that the <br />Improvements will materially benefit the Property and that Developer's maintenance, <br />repair, safe operation and, if and when necessary, replacement thereof in accordance <br />with this Agreement is necessary for approval of Developer's: Final Map. <br />3. DEVELOPER'S RESPONSIBILITIES. In order to ensure the attractive and <br />healthy appearance of the landscaping; the attractive appearance, condition and safety <br />of any and all structures; and the efficient operation of all the Improvements, Developer <br />will undertake the following actions at its sole cost and expense: <br />a. Maintain, safely operate, periodically inspect, repair, resurface and, if and <br />when necessary, replace the Improvements identified in Exhibit °B"; <br />b. Perform all necessary service on maintenance equipment; and <br />c. Pay the electrical expense of operating the pedestrian light and irrigation <br />controller, upon the direct receipt of invoices for electrical service from <br />Pacific Gas and Electric. <br />In undertaking the foregoing actions, Developer will comply with the Maintenance <br />Standards described in Section 4 below and with industry and City standards applicable <br />to similar improvements. <br />4. MAINTENANCE STANDARDS. Developer, including its maintenance staff, <br />contractors and subcontractors , will comply with the following standards (collectively, <br />"Maintenance Standards") in connection with maintenance of the Improvements: <br />a. Developer will maintain the Improvements in good condition, in compliance <br />with the Plans and Final Map, and in accordance with the custom and <br />REV: 12-16-2020 PR <br />ATTYIAGR.2020.30010ne20th, LLC (120 EI Camino Rea! LMA) (Page 2 of 12) 59 <br />