Easement and Maintenance Agreement - Broadway Plaza Agreement

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Tentative Map for the Broadway Plaza Project ("Project Approvals"), subject to certain conditions of approval ("Conditions"). E. The Project Approvals contemplate, among other things, that the Developer will designate, design and improve 1.8 acres of publicly accessible privately owned open space that would include a lawn, public dog run, water feature, and shaded public plaza within the Property in the area legally described and shown in Exhibit `B", attached hereto and incorporated herein by reference ("Easement Area"). F. City and Developer now desire that Developer grant to City an easement for use and enjoyment of the Easement Area as publicly accessible open space and provide for the maintenance of the Easement Area as set forth below. EASEMENT AGREEMENT NOW, THEREFORE, the Parties hereby incorporate the above recitals by this reference and agree as follows: 1. Grant of Easement. For valuable consideration, including the benefits and rights conferred upon Developer under the Project Approvals, Developer hereby grants and dedicates to the City a non-exclusive easement for use and enjoyment by the general public ("Easement") on, over and across that certain approximately 1.8 acres of real property located in the Easement Area, as described and shown in Exhibit `B". This grant of Easement conveys no rights affecting the use of Developer's lands that are not included in the Easement Area and Developer reserves the right to lands outside the Easement Area in any lawful manner. 2. Use and Closure. The public's right to use the Easement Area is limited to daylight hours (sunrise to sunset). The Easement Area may be used by the general public for informal recreational uses, which may include lawn areas, pathways, planted areas, benches, common areas, green space and the like. The Easement Area shall be open to the public, at minimum, from sunrise to sunset 7 days a week. 3. Maintenance. Developer covenants and agrees that it shall maintain, repair and replace, or cause to be maintained, repaired and replaced, the Easement Area, and all improvements, including lighting, hardscaping and landscaping, located thereon, in first-class condition and repair and in compliance with the Maintenance Standards (defined below). Developer's compliance with the Maintenance Standards shall be judged by a comparative standard with the custom and practice generally applicable to comparable first-class passive recreational areas located within San Mateo County. To accomplish such maintenance, Developer shall either staff or contract with and hire licensed and qualified personnel to perform such maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Section 3. All maintenance work shall conform to all applicable Federal and State Occupational Safety and Health Act standards and regulations for the performance of maintenance. The following standards ("Maintenance Standards") shall be complied with by Developer and its maintenance staff, contractors and subcontractors: REV: 04-19-2023 JB ATTY/AGR.2023,085/SI XX, LLC (Broadway Plaza Easement and Maintenance Agreement) (Page 2 of 31)