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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 Ageement 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 forth 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 accardance with this Agreement is necessary for approval
<br /> of the Developer's Final Map.
<br /> 3. DEVELOPER'S RESPONSIBII,ITIES. 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 E�ibit"B", as well as perform 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 subcontractars
<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/ar edging of gass 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,gound covers,or other planted areas;and staking
<br /> for support of trees.
<br /> c. 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 prior to mowing; clearance and cleaning of all areas
<br /> maintained prior to the end of the day on which the maintenance operations are performed to ensure that
<br /> all cuttings,weeds, leaves and other debris are properly disposed of by maintenance workers.
<br /> d. Lighting maintenance shall include prompt replacement of inoperable light bulbs,
<br /> repair and replacement of damaged light.
<br /> ATTY/AGR/2013.219/LANDSCAPE MAINT AGR 601 MAIN STREET
<br /> REV:11-12-13 VR
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