RecDoc 2022-044666 Landscape Maintenance Agreement South Main - Block E

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E. Developer recognizes that City's approval of the Final Map is based on Developer's commitment to the long-term maintenance, repair, care and, if and when necessary, replacement of the Improvements, and that the Final Map would not have been approved without the assurance that this Agreement would be executed by Developer. F. City and Developer desire to enter into an agreement pursuant to which Developer will maintain the Improvements within the Maintenance Area as both are depicted on Exhibit "B". AGREEMENT NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the Parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to assure the maintenance, periodic inspection, repair, safe operation and, if and when necessary, replacement of the Improvements by Developer at its expense in accordance with the standards, including the Maintenance Standards (defined in Section 4 below), set forth herein. 2. Improvements as a Benefit. Developer agrees that the Improvements will materially benefit the Property and that Developer's maintenance, repair, safe operation and, if and when necessary, replacement thereof in accordance with this Agreement is necessary for approval of Developer's Final Map. 3. Developer's Responsibilities. In order to ensure the attractive and healthy appearance of the landscaping; the attractive appearance, condition and safety of any and all structures; and the efficient operation of all the Improvements, Developer will undertake the following actions at its sole cost and expense: 3.1 Maintain, safely operate, periodically inspect, repair, resurface and, if and when necessary, replace the Improvements identified in Exhibit "B"; 3.2 Perform all necessary service on maintenance equipment; and 3.3 Pay the electrical expense of operating the pedestrian light and irrigation controller, upon the direct receipt of invoices for electrical service from Pacific Gas and Electric. In undertaking the foregoing actions, Developer will comply with the Maintenance Standards described in Section 4 below and with industry and City standards applicable to similar improvements. 4 Maintenance Standards. Developer, including its maintenance staff, contractors and subcontractors, will comply with the following standards (collectively, "Maintenance Standards") in connection with maintenance of the Improvements: REV: 04-07-2022 SK ATTY/AGR.2022.075/LMA (Page 2 of 21)