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<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 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 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
<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, safety and the efficient operation of
<br /> all of the Improvements, including paying the electrical expense of operating the pedestrian light and
<br /> imgation controller, said electrical expense to be paid by the Developer upon the direct receipt of
<br /> invoices for electrical service from Pacific Gas and Electric, all in accordance with the Maintenance
<br /> Standards described in Section 4 below, as well as industry and City standards applicable to similar
<br /> improvements. Developer reserves the right to modify the materials list for the Improvements identified
<br /> in Elchibit B, provided such materials are in substantial conformance with the Plans and the City's
<br /> conditions of approval associated with the Tentative Map and Planned Community Permit. Such
<br /> modifications shall be subject to the City Engineer's prior written approval, which shall not be
<br /> 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
<br /> subcontractors in connection with the required maintenance of the Improvements within the Maintenance
<br /> 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 of Redwood City.
<br /> b. Landscape maintenance shall include, but not be limited to: watering/imgation;
<br /> fertilization;periodic trimming, mowing,and/or edging of grass and lawn azeas;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 lirnited to: maintenance of a11
<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 /> ATTY/AGR/2014.033/1NDIG0 525 MIDDLEFIELD—LANDSCAPE AGREEMENT
<br /> REV:03-14-14 VR
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<br /> ATTY/AGR.2014.033/Indigo 525 Middlefield-Landscape Agreement
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