Landscape Maintenance Agreement - Broadway Plaza

Browse Search

C. Developer has submitted the first phase of the parcel maps for the Property, which has been reviewed by the City Engineer and is being approved concurrently with this Agreement ("Parcel Map"). D. Developer recognizes that City's approval of the Parcel 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 Parcel Map would not have been approved without the assurance that this Agreement would be executed by Developer. E. 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, City and Developer (together, the "Parties") hereby agree as follows: 1. PURPOSE OF AGREEMENT. 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 Parcel 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: Maintain, safely operate, periodically inspect, repair, resurface and, if and when necessary, replace the Improvements identified in Exhibit "B"; b. Perform all necessary service on maintenance equipment; and c. 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. REV: 4-12-2023 SK ATN/AGR.2023.071/SI XX, LLC (Broadway Plaza LMA) (Page 2 of 17)