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NOW, THEREFORE, for good and valuable consideration, the receipt and
<br />adequacy of which is hereby acknowledged, the Parties agree, for themselves and their
<br />respective successors and assigns as follows:
<br />
<br /> I. Incorporation of Recitals. The foregoing Recitals are incorporated into this
<br />Agreement as if fully restated herein.
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<br /> 2. Grant of Easement. Declarant hereby grants, for the benefit of the City and the
<br />general public, nonexclusive easements for access, ingress and egress over the sidewalks located
<br />in the Access Easement Area.
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<br /> 3. Installation and Approval of the Landscape Improvements. Declarant and the
<br />City hereby acknowledge and agree that the Landscape Improvements have been or will be
<br />designed, installed and/or constructed by Declarant pursuant to, and in accordance with, the
<br />City's requirements. The City hereby acknowledges its approval of the Declarant's design,
<br />installation and/or construction of the Landscape Improvements.
<br />
<br />4. Maintenance and Irrigation of Landscape Improvements; City Standards.
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<br /> 4.1. Maintenance of Landscape Improvements. Declarant hereby covenants
<br />and agrees to maintain and irrigate, or cause to be maintained and irrigated, the Landscape
<br />Improvements in a good, orderly, and healthy condition. Declarant's maintenance of the
<br />Landscape Improvements, whether performed by Declarant or by a contractor, shall be in
<br />substantial compliance with the City Standards, as defined herein.
<br />
<br /> 4.2. City Standards. As used herein, the term "City Standards" shall refer to
<br />the following guidelines:
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<br /> 4.2.1. Landscape maintenance shall include, without limitation,
<br />watering/irrigation, fertilization, mowing, edging, trimming of grass, tree and sbxub pruning,
<br />trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, safe road
<br />conditions and visibility and optimum irrigation coverage, replacement, as needed, of all dead
<br />plant materials, control of weeds in all planters, shrubs, lawns, ground covers, or other planted
<br />areas, and double staking for support of trees;
<br />
<br /> 4.2.2. Clean-up maintenance shall include, without limitation,
<br />maintenance of all sidewalks and any other paved areas within the Landscape Easement Area in
<br />clean and weed-free condition, maintenance of all such areas clear of dirt, mud, trash, debris, or
<br />other matter which is unsafe or unsightly, removal of all trash, litter and other debris from
<br />improvements and landscaping prior to mowing, and the proper disposal of all cuttings, weeds,
<br />leaves and other debris;
<br />
<br /> 4.2.3. All fertilizers, pesticides, and other chemicals shall be applied in
<br />accordance with all applicable laws, ordinances and regulations pertaining to the use and
<br />application of such substances; and
<br />
<br /> 4.2.4. The irrigation system components which are within the Landscape
<br />Easement Area shal_l be maintained in a good operating condition.
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<br />-2- ALR350~30265~OOO~AGRMT~485800.3
<br /> 05101103
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