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K008-974 <br />07.31.85 <br />realestl-724 <br /> <br />street lighting, streets, and other public improvements by <br />Bernal0 a subsequently formed property owners' association, or <br />successors-in-interest as provided herein. <br /> <br /> NOW, THEREFORE, in consideration of the foregoing and <br />for other good and valuable consideration, receipt of which is <br />hereby acknowledged, the parties hereby agree as follows: <br /> <br />Section 1. MAINTENANCE OF LANDSCAPING <br /> <br /> 1.1 Definition of "Landscapinq." As used herein, <br />"landscaping" shall mean all planrings, irrigation systems, <br />sidewalks, and all other public improvements not specifically <br />enumerated in Sections 1 through 4, inclusive, which have been <br />installed, or are proposed to be installed, pursuant to <br />City-approved plans by Bernal. <br /> <br /> 1.2 Landscapinq Maintenance Obliqation; Areas for <br />Maintenance. The parties intend that the descriptions of areas <br />to be landscaped included below shall include all those areas <br />required to be landscaped by the conditions of approval of <br />PUD-80-2. In the event of any dispute among the parties as to <br />the boundaries of the areas described in Sections 1.2.1 through <br />1.2.5, inclusive, the boundary shall be determined in <br />accordance with the specific intent embodied in the conditions <br />of approval of PUD-80-2. <br /> <br /> 1.2.1 Valley Avenue Frontage. All landscaping <br />installed by Assessment District No. 1982-5, except as <br />indicated below, shall be maintained by Bernal, or, pursuant to <br />Section 9, by a property owners' association. Said landscaping <br />shall include the following: <br /> <br /> (i) all median landscaping between Bernal Avenue <br /> and the Arroyo del Valle bridge~ and <br /> <br /> (ii) all landscaping on the west side of Valley <br /> Avenue between Bernal Avenue and the Arroyo del Valle <br /> bridge as shown on Exhibit B, attached hereto and <br /> incorporated herein by this reference, and generally <br /> located within the City right-of-way, the City public <br /> service easement, and the landscape easement over the <br /> property of the City and County of San Francisco. <br /> <br />The landscaping on the east side of Valley Avenue installed by <br />Assessment District No. 1982-5, or as may be subsequently <br />installed, is not a maintenance obligation of Bernal. <br /> <br /> 1.2.2 Bernal Avenue Frontaqe. All landscaping <br />installed by Assessment District No. 1982-5 shall be maintained <br />by Bernal, or, pursuant to Section 9, by a property owners' <br />association. Said landscaping shall include the following: <br /> <br /> -2- <br /> <br /> <br />