RES 88405 - Laserfiche WebLink

1.1.7 Intent of Parties. The parties have attempted to describe with particularity in Sections 1.1.1 through 1.1.6 the areas in which the Association shall perform maintenance duties as provided by this agreement, but the specific intent of the parties is that the Association's maintenance duties under this agreement shall include all areas, and only those areas, in which landscaping, sidewalks, irrigation systems, soundwalls, or other improvements have been installed by Prudential or CPP. In the event of any dispute among the parties as to the boundaries of the areas described in Sections 1.1.1 through 1.1.6, the boundary shall be determined in accordance with the specific intent of the parties as set forth above. 1.2 Maintenance Requirements. The Association shall at its sole expense maintain the landscaping within the areas described in Section 1.1. "Landscaping" as used herein shall mean plantings, irrigation systems, sidewalks, soundwalls, and all other public improvements not specifically enumerated in Articles 2 through 4, inclusive, which have been installed, or are proposed to be installed, pursuant to City-approved plans by Prudential and/or CPP. 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, when necessary, of plantings 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. Replacement plantings within Hacienda Business Park shall conform to the requirements and standards of the Hacienda Business Park Design Guidelines. Replacement plantings outside Hacienda Business Park shall be of like number, type, and quality of plantings being replaced or shall otherwise conform to landscape plans approved by the City of Pleasanton. All shrubbery and trees located at intersections shall be maintained so that motorists' sight and view of intersecting streets is not obstructed. The Association shall at its sole expense install, maintain, repair, and replace, where necessary, such irrigation systems as are required to provide adequate irrigation. The Association shall also at its sold expense maintain, repair, and replace where necessary any soundwalls and sidewalks located in the areas described in Section 1.1, such maintenance to include removal of graffiti. 7