Agmt07 Infinity Land Company LLC - Tree Maintenace Agmt, (Emerald Market)

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ORIG.IN'Al TREE MAINTENANCE AGREEMENT (EMERALD MARKET) THIS TREE MAINTENANCE AGREEMENT ("Agreement") is entered into as of April 1, 2007, by and between Infinity Land Company LLC, a California limited liability company ("Owner"), and The City of Redwood City ("City"). RECITALS A. Owner owns that certain real property of approximately 0.97 acres that is located in the City of Redwood City, County of San Mateo, State of California, commonly known as 3201-3215 Oak Knoll Drive, and designated as San Mateo County Assessor Parcel Numbers 057-184-200 and 057-211- 010 ("Property"). B. Three (3) trees are located on the sidewalk on the Oak Knoll Drive side of the Property, and three (3) trees are located on the sidewalk on the Canyon Drive side of the Property (collectively, "Trees"). C. the Trees. City and Owner desire to enter into an agreement pursuant to which Owner will maintain AGREEMENT Now, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are acknowledged, City and Owner (collectively, the "Parties") hereby agree as follows: 1. TREE MAINTENANCE. Owner agrees to maintain the Trees. The Trees shall be pruned to specifications conforming to ANSI A-300 Pruning Standards to keep the tree canopy clear of dead, dying and structurally unsound branches, control the growth of trees in relation to the overhang of the building, and maintain a central dominant leader. In particular, Owner agrees to make sure that the roots of each Tree do not cause a disruption of the sidewalk concrete adjacent to that Tree. 1.1 The Trees are protected by chapter 29.63 of the Redwood City Municipal Code. A permit will be issued by the City, at no cost to Owner, for the maintenance of these Trees for the life of the Agreement. 1.2 At the conclusion of this Agreement, if a Tree has grown to such an extent that the vertical tree protection collar threatens the Tree's health, then the Owner shall remove the vertical tree protection col- lar and the electrical outlet for that Tree shall be set below the tree grate surface; provided, however, that if the vertical tree protection collar does not threaten the Tree's health at that point, then both that collar and the electrical outlet shall remain in place. 1.3 At any time during this Agreement, Owner shall have the option to tenninate this Agree- ment by (a) delivering to the City written notice of the election ofthat option not less than thirty (30) days prior to the elected termination date, (b) installing around the Trees the tree grates specified in the Topos Architecture plans on file with the City (Topos Plans), and (c) adjusting the electrical outlet beneath each Tree to bring it into compliance with the specifications set forth in the Topos Plans. 2. TERM. This Agreement shall commence on April 1, 2007, and shall expire on March 30, 2017. 1 ATTY/AGR/2007.030 062207