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1. Purpose. The purpose of this Agreement is to assure the maintenance,
<br />periodic inspection, repair, safe operation and, if and when necessary, replacement of the
<br />Improvements by Developer at its expense in accordance with the standards, including
<br />the Maintenance Standards (defined in Section 4 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 Building Permit.
<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 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 />4.1 Developer will maintain the Improvements in good condition, in compliance
<br />with the Plans and Building Permit, and in accordance with the custom and practice
<br />generally applicable to public rights-of-way within the City of Redwood City.
<br />4.2 Landscape maintenance will include, but is not limited to:
<br />watering/irrigation; fertilization; periodic trimming, mowing, and/or edging of grass
<br />and lawn areas; pruning of trees, shrubs, and other vegetation; trimming and
<br />shaping of trees and shrubs to maintain a healthy, natural appearance, safe road
<br />conditions and visibility, and irrigation coverage; removal and replacement, as
<br />needed, of all plant materials; control of weeds in all planters, shrubs, lawns,
<br />ground covers, or other planted areas; and staking for support of trees.
<br />4.3 Clean-up maintenance will include, but is not limited to: maintenance of all
<br />sidewalks, paths and other paved areas in clean and weed -free condition;
<br />maintenance of all such areas clear of dirt, mud, trash, debris or other matter which
<br />REV: 11-05-2021 VR
<br />ATTY/AGR.2021.281/Westpoint Harbor, LLC (Page 2 of 12)
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