09 - Laserfiche WebLink

NOW, THEREFORE, in consideration of the mutual promises expressed herein, the parties hereby agree as follows: 1. Sections 1, 2, 3 and 4 of the November 1999 Agreement are amended to read as follows: 1. Maintenance and Repair of the Improvements. The Improvements as used herein shall mean the designated landscaped and open space areas, entry features, entry lighting, masonry soundwalls (at the entry as well as along I -680), wrought iron fences, common area drainage ditches, irrigation systems, street lights and pathway lighting, and trees and plantings in designated landscaped areas, all of which have been installed pursuant to City approved public improvement and landscape plans for the Laguna Oaks Planned Unit Development and Assessment Engineer's Report for the Laguna Oaks Lighting and Landscape Maintenance District, which plans and Report are on file with the City Engineer. The Association shall, at no expense to City, maintain, repair and replace, where and when necessary, the Improvements. More particularly, all plantings shall be maintained in a healthy, attractive and reasonably weed free condition, using generally accepted methods of cultivation to ensure reasonably normal, healthy plant growth. Maintenance shall also include open space weed abatement, replacement of plantings, when necessary, and all ordinary and usual care including, but not limited to, irrigation, fertilization, pest and disease control, weeding, rotation of plantings and the removal of trimmings, debris and solid waste. All shrubbery and trees located at intersections shall be maintained so that motorists' sight and view of intersecting streets are not obstructed. 2. Financial Responsibility for Maintenance. The Association shall assume all financial responsibility for maintenance of the Improvements. 3. Paragraph 3 is deleted. 4. Remedies for Failure to Perform. If, in the reasonable judgment of the City Engineer, the Association has failed to properly maintain the Improvements as required by this Agreement, the City may perform such maintenance, at its option, after thirty (30) days prior written notice to the Association of such failure to maintain, which notice shall be sent by mail to: Laguna Oaks Pleasanton Owners Association c/o Homeowners Association Services 3160 Crow Canyon Place, Suite 150 San Ramon, CA 94583 or to such other address as the Association may advise the City in writing. Notices required hereunder shall be deemed effective within three days of its mailing. In such event, the City's performance of such maintenance shall be at the Association's sole expense and the Association, upon demand by the City, shall pay to the City all 2