01 - Laserfiche WebLink

NOW, THEREFORE, in consideration of the foregoing Recitals, the promises, covenants, conditions and representations set forth herein, and other valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties hereto agree as follows: 1. Maintenance of Greenbelt. 1.1 General Maintenance. The Greenbelt, other than the EBRPD Trail (hereinafter defined), shall be maintained by HBPOA. a. HBPOA shall maintain the Greenbelt in a manner consistent with all other property which HBPOA is required to maintain pursuant to the terms and conditions set forth in the Declaration. Subject to any restrictions or regulations imposed on HBPOA by the City or any other entity with jurisdiction over the Greenbelt, all plantings shall be maintained in a healthful, attractive, and weed - free condition using generally accepted methods of cultivation to ensure normal, healthy plant growth. Maintenance shall include replacement of plantings, when necessary, and all ordinary and usual care, including irrigation, fertilization, pest and disease control, weeding, rotation of plantings and the removal of trimmings, rubbish, debris, and other solid waste. b. East Bay Regional Park District ( "EBRPD ") shall be responsible for all maintenance related to the EBPRD Trail. c. The cost of maintaining the Greenbelt, other than the EBRPD Trail, shall be paid by HBPOA. Valencia and Archstone acknowledge that HBPOA will pay for the Greenbelt maintenance from assessments collected from (i) Valencia, (ii) the owners of the Archstone Parcel, (iii) the owners of other property within Hacienda pursuant to the Declaration, and (iv) other Non - member Affiliates that are responsible for such maintenance pursuant to their individual Non - member Affiliate Agreements. The cost of maintaining the Greenbelt shall be prorated, assessed, and billed per the terms and conditions set forth in the Declaration. 1.2 Replacement of Capital Equipment. HBPOA shall be responsible for the replacement of capital equipment installed in the Greenbelt, excepting capital equipment improvements to the EBRPD Trail. a. HBPOA shall incorporate the cost to replace the capital equipment within the Greenbelt into its budget in a manner consistent with the replacement of all capital equipment which HBPOA is required to replace pursuant to the terms and conditions set forth in the Declaration. The quality of the capital equipment within the Greenbelt shall be of the same quality of all capital equipment which HBPOA is required to replace and maintain pursuant to the Declaration and such capital equipment shall be replaced and installed within the determined reasonable life of the capital equipment to be retired. 3