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7.1 .D. - Page 30
<br /> AGREEMENT
<br /> NOW,THEREFORE,the City and the Developer(together,the"Parties'�hereby agree as follows:
<br /> 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to assure the
<br /> maintenance, periodic inspection, repair, safe operation and, if and when necessary, replacement of the
<br /> Improvements within the Maintenance Area by the Developer at its expense in accordance with the
<br /> standards, including the Maintenance Standards (defined in Section 4 below), set farth herein.
<br /> 2. IMPROVEMENTS AS A BENEFIT. The Developer agrees that the Improvements will
<br /> materially benefit the Property and that Developer's maintenance, repair, safe operation and, if and when
<br /> necessary, replacement of the Improvements in accordance with this Agreement is necessary for approval
<br /> of the Developer's Final Map.
<br /> 3. DEVELOPER'S RESPONSIBILITIES. Developer, at its sole expense, shall maintain,
<br /> safely operate,periodically inspect,repair,resurface and, if and when necessary,replace the Improvements
<br /> identified in Ez�hibit`B", as well as perforxn all necessary service on maintenance equipment, in order to
<br /> ensure the attractive, healthy appearance, safety and efficient operation of all of the Improvements, all in
<br /> accordance with the Maintenance Standards described in Section 4 below, as well as industry and City
<br /> standards applicable to similar improvements. Developer reserves the right to modify the materials list for
<br /> the Improvements identified in Exhibit B,provided such materials are in substantial conformance with the
<br /> Plans and the City's conditions of approval associated with the Tentative Parcel Map and Planned
<br /> Community Permit. Such modifications shall be subject to the City Engineer's prior written approval,
<br /> which shall not be unreasonably withheld.
<br /> 4. MAINTENANCE STANDARDS. The following standards (collectively, "Maintenance
<br /> Standards'� shall be complied with by Developer and its maintenance staff, contractors and subcontractors
<br /> in connection with the required maintenance of the Improvements within the Maintenance Area:
<br /> a. The Improvements shall be maintained in compliance with the Plans and Final
<br /> Map, in good condition, and in accordance with the custom and practice generally applicable to public
<br /> rights-of-way within the City.
<br /> b. Landscape maintenance shall include, but not be limited to: watering/irrigation;
<br /> fertilization; periodic trimming, mowing, and/or edging of grass and lawn areas; pruning of trees, shrubs,
<br /> and other vegetation; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance,
<br /> safe road conditions and visibility,and irrigation coverage;removal and replacement,as needed,of all plant
<br /> materials; control of weeds in all planters, shrubs,lawns, ground covers, or other planted areas; and staking
<br /> for support of trees.
<br /> a Clean-up maintenance shall include, but not be limited to: maintenance of all
<br /> Improvements and Maintenance Area in clean and weed-free condition;maintenance of all such areas clear
<br /> of dirt,mud,trash, debris or other matter which is unsafe or unsightly;removal of all trash, litter and other
<br /> debris from Improvements, including landscaping priar to mowing; clearance and cleaning of all areas
<br /> maintained priar to the end of the day on which the maintenance operations are perforxned to ensure that
<br /> all cuttings,weeds, leaves and other debris are properly disposed of by maintenance warkers.
<br /> d. Lighting maintenance shall include prompt replacement of inoperable light bulbs,
<br /> repair and replacement of damaged light.
<br /> ATN/AGR/2013.219/LANDSCAPE MAINTAGR 601 MAIN STREET
<br /> REV: 11-12-13 VR
<br /> Page 2 of 12
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