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2. IlvIPROVEMENTS AS A BENEFIT. The Owner agrees that the Improvements will
<br /> materially benefit the Property and that Owner's maintenance, repair, safe operation and, if and when
<br /> necessary, replacement thereof in accordance with this Ageement is necessary for approval of the
<br /> Owner's Building Permit.
<br /> 3. OWNER'S RESPONSIBILITIES. Owner, at its sole expense, shall maintain, safely
<br /> operate, periodically inspect, repair, resurface and, if and when necessary, replace the Improvements
<br /> identified in E�chibit"B", as well as perform a11 necessary service on maintenance equipment, in order to
<br /> ensure the attractive and healthy appearance of the roadway, condition and safety of any and a11
<br /> structures, and the efficient operation of a11 of the Improvements, all in accordance with the Maintenance
<br /> Standazds described in Section 4 below, and industry and City standards applicable to similar
<br /> improvements.
<br /> 4. MAINTENANCE STANDARDS. The following standards (collectively, "Maintenance
<br /> Standards")sha11 be complied with by Owner and its maintenance staff,contractors and subcontractors in
<br /> connection with the required maintenance of the Improvements:
<br /> a. The Improvements sha11 be maintained in compliance with the Plans, in good
<br /> condition, and in accordance with the custom and practice generally applicable to private streets within
<br /> the City of Redwood City,except as otherwise provided in the Plans.
<br /> b. Maintenance sha11 include, but not be limited to: repair, removal and
<br /> replacement, as needed, of all roadway, curb and gutter improvements; and protecting the structural
<br /> integrity of the roadway,including curb,gutter and asphalt paving.
<br /> c. All maintenance work sha11 conform to all applicable federal and state
<br /> Occupation Safety and Health Act standards and regulations for the performance of maintenance.
<br /> d. Any and all chemicals,unhealthful substances, and pesticides used in and during
<br /> maintenance sha11 be applied in strict accordance with all governmental requirements. Precautionary
<br /> measures shall be employed recognizing that a11 areas are open to public access.
<br /> 5. CITY'S RESPONSIBILITIES. Nothing contained herein shall limit the City's
<br /> responsibility to maintain the City-owned underground utilities.
<br /> 6. CITY'S RIGHT TO PERFORM MAINTENANCE; FORMATION OF SPECIAL
<br /> DISTRICT. If the Owner does not repair, periodically inspect, maintain, care for and, if and when
<br /> necessary, replace the Improvements on and about the Property in the manner set forth herein, the City
<br /> shall have the right to maintain, repair, periodically inspect, caze for, and replace such Improvements, or
<br /> to contract for the correction of such deficiencies, after written notice to the Owner. The City may, at its
<br /> option, form a utility district to levy assessments against the Property to pay for the costs of curing and
<br /> correcting such deficiencies.
<br /> a. Notice to Owner. Prior to taking any such corrective action, the City agrees to
<br /> notify the Owner in writing if the condition of said Improvements does not conform to the standards and
<br /> requirements set forth herein, including without limitation the Maintenance Standards, and to specify the
<br /> deficiencies and the actions required to be taken by the Owner to cure the deficiencies. Upon notification
<br /> of any deficiency, the Owner shall have thirty (30) days within which to correct, remedy or cure the
<br /> deficiency. If the written notification states that the problem is urgent and relates to the public health and
<br /> safety,then the Owner sha11 have twenty-four(24)hours to rectify the problem.
<br /> ATTY/AGR/2013.045/3718 LAUREL WAY MAINTENANCE AGREEMENT
<br /> REV:07-29-13 VR
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