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<br />ORIGINAL
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<br />LANDSCAPE MAINTENANCE AGREEMENT
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<br />THIS LANDSCAPE MAINTENANCE AGREEMENT ("Agreement") is made and entered into
<br />this 5th day of November, 2009, by and between the BELMONT -REDWOOD SHORES
<br />SCHOOL DISTRICT, a California public school district ("District"), and the CITY OF
<br />REDWOOD CITY, a municipal corporation ("City") with reference to the following facts:
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<br />RECITALS
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<br />A. The District is the owner of certain real property situated in the City of Redwood City,
<br />County of San Mateo, State of California, known as the Shores School site and described on
<br />Exhibit "A", attached hereto and incorporated by this reference as if fully set forth herein (the
<br />"School Site").
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<br />B. In connection with its development of the School Site as an elementary school, the District
<br />submitted to the City a "Site Plan Approval," which includes landscaping plans, for the new
<br />school. The landscaping plans provide for certain landscaping improvements to the toe of the
<br />slope of the levee that runs behind the School Site and to the frontage area, consisting, inter
<br />alia, of trees, shrubs, grasses and flowers (collectively, the "Landscaping Improvements").
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<br />C. City and District desire to enter into an agreement pursuant to which District will maintain
<br />the Landscaping Improvements.
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<br />AGREEMENT
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<br />NOW, THEREFORE, City and District (collectively, the "Parties") hereby agree as follows:
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<br />1. LEVEE LANDSCAPING MAINTENANCE. The District agrees to maintain the
<br />Landscaping Improvements at the toe of slope of the levee that runs behind the School Site to not
<br />less than the same standard as every other school site in the District.
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<br />2. FRONTAGE LANDSCAPING MAINTENANCE. The District agrees to maintain the
<br />Landscaping Improvements in the frontage area, up to the street curb to not less than the same
<br />standard as every other school site in the District.
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<br />3. CITY'S RESPONSffiILITIES. Nothing contained herein shall limit the City's
<br />responsibility to maintain the structural integrity of the levee, or any other duty or responsibility
<br />of the City relating to the School Site or the surrounding property.
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<br />4. TERM. This Agreement shall commence on November 5, 2009 and expire on November
<br />5, 2019.
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<br />5. INDEMNIFICATION. The District shall indemnify, defend and hold the City, its
<br />Council, boards, officers, commissions, agents and employees harmless from liens, claims,
<br />demands, actions, causes of action, obligations, liabilities, damages, losses, costs and expenses,
<br />including reasonable attorneys' fees, arising from the performance of the District's landscape
<br />maintenance obligations hereunder, to the extent caused by the willful misconduct or any
<br />negligent act or omission of the District or its agents, employees, contractors, subcontractors,
<br />licensees, and assignees, anyone directly or indirectly employed by any of them or anyone for
<br />whose acts any of them may be liable. Notwithstanding the forgoing, the District shall not be
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