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7.1.F. - Page 28 <br /> RECORDING REQUESTED BY ) <br /> AND WHEN RECORDED MAIL To: ) <br /> ) <br /> City of Redwood City ) <br /> 1017 Middlefield Road ) <br /> Redwood City, California 94063 ) <br /> Attention: City Clerk ) <br /> ) <br /> ) <br /> (Space Above This Line for Recorder's Use Only) <br /> Exempt from recording fee per Gov.Code§27353. <br /> LANDSCAPE MAINTENANCE AGREEMENT <br /> (INDIGO,525 Middlefield,Redwood City) <br /> THIS LANDSCAPE MAINTENANCE AGREEMENT ("Agreement") is made and entered into <br /> this day of , 2014 ("Effective Date"), by and between DOWNTOWN RWC RES, <br /> LLC, a Delaware limited liability company ("Developer"), and the CITY OF REDWOOD CITY, a <br /> charter city and California municipal corporation("City")with reference to the following facts: <br /> RECITALS <br /> A. Reference is made to that certain real property situated in the City of Redwood City, <br /> County of San Mateo, State of California, known as the Indigo 525 Middlefield site and described on <br /> Exhibit "A", attached hereto and incorporated by this reference as if fully set forth herein (the <br /> "Property"). The Property is being developed as a multi-family residential & commercial mixed-use <br /> community with a Condominium Map. The Developer may at a future date transfer its interest in the <br /> Property to the Indigo Community Association ("HOA"), a California nonprofit mutual benefit <br /> corporation, which HOA shall be ultimately responsible for the management, operation and governance <br /> of the Property. <br /> B. In connection with its development of the Property as a residential mixed-use <br /> community, the Developer submitted to the City an application for a Vesting Tentative Map, <br /> Condominium Permit, Planned Community Permit and Planned Development Permit, which include, <br /> inter alia, landscaping plans for along the Property frontage ("Plans"), all of which Plans have been <br /> approved by the City. The Plans provide for installation of certain landscaping, pedestrian lighting, <br /> irrigation, and sidewalks ("Improvements") within the public right of way("Maintenance Area") as the <br /> Improvements and Maintenance Area are more specifically shown on Exhibit"B"attached hereto and by <br /> this reference made a part hereof. <br /> C. The Developer has submitted a final map for the Property, which has been reviewed by <br /> the City Engineer and is being approved concurrently with this Agreement("Final Map"). <br /> D. The Developer recognizes that the City's approval of the Final Map is based on the <br /> Developer's commitment to the long-term maintenance, repair, care and, if and when necessary, <br /> replacement of the Improvements, and that the Final Map would not have been approved without the <br /> assurance that this Agreement would be executed by the Developer. <br /> E. 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 Exhibit <br /> Al YIAGRl2014.0331INDIGO 525 MIDDLEFIELD—LANDSCAPE AGREEMENT <br /> REV:03-14-14 VR <br /> Page 1 o€11 <br /> ATTY/AGR.2014.033/Indigo 525 Middlefield-Landscape Agreement <br />