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+ 'r1 i LANDSCAPING MAINTENANCE AGREEMENT (SPRINT PCS -County Transportation Corridor) THIS LANDSCAPING MAINTENANCE AGREEMENT is made and entered into this ~~Lth day of D~~~n6~e~ , 2001, by and between the City of Pleasanton ("City"), and Sprint PCS ("Developer"). RECITALS WHEREAS, Developer is leasing a portion real property commonly known as a portion of the Alameda County Transportation Corridor near Santa Rita Road, Pleasanton, California, ("Property"); WHEREAS, on October 4, 2001, the City approved PDR-147 for design review approval of a monopole with internal antennas and related equipment ("Project"); WHEREAS, Condition 16 of the Conditions of Approval requires the Developer to enter into an agreement with the City to maintain all landscaped areas related to the Project in a healthful, attractive and weed-free manner at all times, and that such landscaping agreement shall run with the land for the duration of the existence of the Project; and NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to assure (a) installation of landscaping in accordance with the City-approved landscape plan for the Project; (b) continued maintenance and care of the landscaping. 2. Landscaping. Developer, at no expense to the City, shall maintain in healthful, attractive and reasonably weed-free manner all the landscaped areas related to the Project as shown in the landscaping plan approved by the City for the duration of the existence of the Project. 3. Maintenance Requirements. "Landscaped areas" as used herein shall mean plantings and irrigation systems which have been installed, or are proposed to be installed, pursuant to the City approved landscaped plan for the Project. 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 include 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, rubbish, debris, and other solid waste. All shrubbery and trees located at intersections shall be maintained so that motorists' sight and view of intersecting streets are not obstructed. Developer shall, at no expense to the City, install, maintain, repair, and replace, where 1