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7.2.A. - Page 5
<br /> D. The City and the Developer desire to enter into an agreement pursuant to which the
<br /> Developer will maintain the Improvements within the Maintenance Area as both are depicted on
<br /> Exhibit"B".
<br /> AGREEMENT
<br /> NOW, THEREFORE, the City and the Developer (together, the "Parties") hereby agree as
<br /> 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 by the Developer at its expense in accordance with the standards, including the
<br /> 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 thereof in accordance with this Agreement is necessary for approval of the
<br /> Developer's Final Map for 333 Main Street.
<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
<br /> Improvements identified in Exhibit"B", as well as perform all necessary service on maintenance
<br /> equipment, in order to ensure the attractive and healthy appearance of the landscaping, the attractive
<br /> appearance, condition and safety of any and all structures, and the efficient operation of all of the
<br /> Improvements, including paying the electrical expense of operating the creek trail pedestrian lights, five
<br /> pedestrian lights along Main Street and all irrigation controllers, said electrical expense to be paid by the
<br /> Developer upon the direct receipt of invoices for electrical service from Pacific Gas and Electric, all in
<br /> accordance with the Maintenance Standards described in Section 4 below, and industry and City
<br /> standards applicable to similar improvements.
<br /> 4. MAINTENANCE STANDARDS. The following standards (collectively, "Maintenance
<br /> Standards") shall be complied with by Developer and its maintenance staff, contractors and
<br /> subcontractors in connection with the required maintenance of the Improvements:
<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 of Redwood 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
<br /> plant materials; control of weeds in all planters,shrubs, lawns, ground covers, or other planted areas; and
<br /> staking for support of trees.
<br /> c. Clean-up maintenance shall include, but not be limited to: maintenance of all
<br /> sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas
<br /> clear of dirt,mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash,litter and
<br /> other debris from improvements and 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 /> REV:03-05-14 VR
<br /> Page 2 of 8
<br /> ATTY/AGR.2014.029/333 Main Street Landscape Maintenance
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