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C. Developer has submitted the first phase of the parcel maps for the Property, <br />which has been reviewed by the City Engineer and is being approved concurrently with <br />this Agreement ("Parcel Map"). <br />D. Developer recognizes that City's approval of the Parcel Map is based on <br />Developer's commitment to the long-term maintenance, repair, care and, if and when <br />necessary, replacement of the Improvements, and that the Parcel Map would not have <br />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 <br />the 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 below), set forth <br />herein. <br />2. IMPROVEMENTS AS A BENEFIT. Developer agrees that the <br />Improvements will materially benefit the Property and that Developer's maintenance, <br />repair, safe operation and, if and when necessary, replacement thereof in accordance <br />with this Agreement is necessary for approval of Developer's Parcel Map. <br />3. DEVELOPER'S RESPONSIBILITIES. In order to ensure the attractive and <br />healthy appearance of the landscaping; the attractive appearance, condition and safety <br />of any and all structures; and the efficient operation of all the Improvements, Developer <br />will undertake the following actions at its sole cost and expense: <br />a. Maintain, safely operate, periodically inspect, repair, resurface and, if and <br />when necessary, replace the Improvements identified in Exhibit "B"; <br />b. Perform all necessary service on maintenance equipment; and <br />c. Pay the electrical expense of operating the pedestrian light and irrigation <br />controller, upon the direct receipt of invoices for electrical service from <br />Pacific Gas and Electric. <br />REV: 4-12-2023 SK <br />ATTY/AGR.2023.0711SI XX, LLC (Broadway Plaza LMA) (Page 2 of 17) <br />