AgdaPkt 2012-03-19 - Laserfiche WebLink

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6.1.B. - Page 30 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Attention: City Clerk (Space Above This Line for Recorder's Use Only) Exempt from recording fee per Gov. Code § 27383. LANDSCAPE MAINTENANCE AGREEMENT THIS LANDSCAPE MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this day of 20 ( "Effective Date "), by and between 333 Main Street RWC, LLC, a Delaware limited liability company ( "Developer "), and the CITY OF REDWOOD CITY, a charter city and California municipal corporation ( "City ") with reference to the following facts: RECITALS A. Reference is made to that certain real property situated in the City of Redwood City, County of San Mateo, State of California, known as the 333 Main Street site and described on Exhibit "A ", attached hereto and incorporated by this reference as if fully set forth herein ( "333 Main Street "). 333 Main Street is being developed as a condominium project, which Developer may operate as a rental project. The Developer expects to transfer its management responsibilities in 333 Main Street to 333 Main Street Owners Association ( "HOA "), a California nonprofit mutual benefit corporation, which HOA shall be ultimately responsible for the management, operation and governance of the 333 Main Street project. B. In connection with its development of 333 Main Street as a residential community, the Developer submitted to the City a PC Permit and Construction Plans, which include, inter alia, landscaping plans for Main Street along the 333 Main Street frontage and for the creek -side trail that runs adjacent to and behind the 333 Main Street site ( "Plans "), all of which Plans have been approved by the City. The Plans provide for installation of certain landscaping, pedestrian lighting, irrigation piping and controller, and pedestrian path improvements ( "Improvements ") within that portion of the City right - of -way beginning at the back of the northeast Main Street curb and extending northeast therefrom to the northeast side of the sidewalk along the entire 333 Main Street site frontage along Main Street, and within the public access trail subject to the Pedestrian Public Access Easement (PPAE) which runs at the rear of the 333 Main Street site ( "Maintenance Area ") as the Improvements and Maintenance Area are more specifically shown on Exhibit `B" attached hereto and by this reference made a part hereof. C. The Developer has submitted a final map for 333 Main Street, which has been reviewed by the City Engineer and is being approved concurrently with this Agreement ( "Final Map "). D. The Developer recognizes that the City's approval of the Final Map is based on the 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 ATTY /AGR/2012.026/ LANDSCAPE MAINTENANCE AGREEMENT- 333 MAIN STREET REV:03 -08 -12 VR Page 1 of 9