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AGREEMENT <br />NOW, THEREFORE, in consideration of the faithful performance of the terms and <br />conditions set forth in this Agreement, the Parties hereto agree as follows: <br />1. Purpose. The purpose of this Agreement is to assure the maintenance, periodic <br />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, contractors <br />and subcontractors, will comply with the following standards (collectively, "Maintenance <br />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 />REV: 04-07-25 JB <br />