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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 the <br />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 (Maintenance <br />Standards) below), set forth herein. <br />2. Improvements As A Benefit. Developer agrees that the Improvements will <br />materially benefit the Property and that Developer's maintenance, repair, safe operation <br />and, if and when necessary, replacement thereof in accordance with this Agreement is <br />necessary for approval of Developer's Parcel Map. <br />3. Developer's Responsibilities. In order to ensure the attractive and healthy <br />appearance of the landscaping; the attractive appearance, condition and safety of any <br />and all structures; and the efficient operation of all the Improvements, Developer will <br />undertake the following actions at its sole cost and expense: <br />3.1 Maintain, safely operate, periodically inspect, repair, resurface and, if and <br />when necessary, replace the Improvements identified in Exhibit "B"; <br />3.2 Perform all necessary service on maintenance equipment; and <br />3.3 Pay the electrical expense of operating the pedestrian light and irrigation <br />controller, upon the direct receipt of invoices for electrical service from Pacific Gas <br />and Electric. <br />In undertaking the foregoing actions, Developer will comply with the Maintenance <br />Standards described in Section 4 (Maintenance Standards) below and with industry and <br />City standards applicable 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 />X:\D_E\DATA\Development\1390 Woodside Road\LANDSCAPE MAINTENANCE AGREEMENT 5.19.2021 (final).docx <br />Initial: <br />Page 2 of 13 <br />