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MAINTENANCE AGREEMENT <br /> <br /> THIS AGREEMENT is entered into as of the day of <br /> · 1985, between the CITY OF PLEASANTON, a <br />municipal corporation (the "City"), and PATRICIAN ASSOCIATES, <br />INC.· a California corporation, and KOLL BERNAL AVENUE <br />ASSOCIATES, a California general partnership, as <br />tenants-in-common operating as a ]oint venture under the name <br />"Bernal Avenue Associates", (together "Bernal"). <br /> <br /> RECITALS <br /> <br /> A. Bernal is the owner of real property located in the <br />City and more specifically described in Exhibit A, attached <br />hereto and incorporated herein by this reference. Bernal's <br />predecessor in interest ("Fromm") received City approval to <br />develop said property as a business park pursuant to a <br />development plan (PUD-80-2, Ord. No. 975), which proposed <br />development was commonly known as the Fromm Business Park. <br /> <br /> B. Fromm proceeded, through the financing and <br />construction vehicle of Assessment District No. 1982-5, to <br />develop the Bernal Avenue and Valley Avenue frontages of the <br />business park, including installation of roadway, landscaping, <br />utility, and street lighting improvements along the Fromm <br />Business Park frontages of these streets, all as required in <br />the approved plan. The construction of internal streets and <br />other improvements was deferred by Fromm until a later time. <br /> <br /> C. Bernal acquired the real property commonly known as <br />Fromm Business Park from Fromm pursuant to an escrow which <br />closed July 11, 1985. Bernal desires that said real property <br />and the development plan, PUD-80-2, Ord. No. 975, heretofore <br />known as Fromm Business Park, hereafter be referred to as <br />"Bernal Park, a Planned Business Community," (hereinafter, <br />"Bernal Park"). <br /> <br /> D. In accordance with the conditions of approval of <br />Bernal Park, Bernal is required to maintain all interior street <br />surfaces (none of which are as yet constructed), all public <br />lighting and landscaping within the development and all <br />required landscape/berm areas· including the Valley Avenue and <br />Bernal Avenue medians in front of the Bernal Park. <br /> <br /> E. Maintenance by Bernal of the landscaping, street <br />lighting, streets, and other public improvements within the <br />areas provided by the PUD conditions of approval, whether <br />installed by Assessment District No. 1982-5 or to be installed <br />at a later time, benefits the City, Bernal, and the future <br />owners/tenants of the property within Bernal Park. <br /> <br /> F. The City and Bernal desire to enter into this <br />agreement to provide for the maintenance of the landscaping, <br /> <br /> -1- <br /> <br /> <br />