RES 87408 - Laserfiche WebLink

F. The City and the Association desire to enter into this agreement to provide for the maintenance by the Association of landscaping, street lighting, street signage and bus shelter, and other public improvements as provided herein. NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, receipt of which is hereby acknowledged, the City and the Association hereby agree as follows: ARTICLE 1 MAINTENANCE OF LANDSCAPING 1.1 Area for Landscaping Maintenance. The Association shall maintain the central medians for Owens Drive from the northern boundary of the crossing of Tassajara Creek (including the culvert crossing of Tassajara Creek) to the intersection with West Las Positas Boulevard. 1.2 Maintenance Requirements. The Association shall at is sole expense maintain the landscaping within the area described in Section 1.1. "Landscaping" as used herein shall mean plantings, irrigation systems, sidewalks, and all other landscaping items which have been installed in the area described in Section 1.1, pursuant to City-approved plans for public improvements for Parcel Map No. 4390. 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 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 is sole expense maintain, repair, and replace where necessary any sidewalks located in the area described in Section 1.1, such maintenance to include removal of graffiti. 1.3 Term of Maintenance Obligations. Except as provided below, the Association's obligations under Section 1.2 with respect to the area described in Section 1.1 shall commence upon the later of (i) the date of this agreement, or (ii) the date upon which the City Council of the City accepts ownership of the street improvements and/or other public improvements under construction in that area and shall continue throughout the term of this agreement, unless terminated as provided in Section 5.3.