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LANDSCAPING MAINTENANCE AGREEMENT <br />THIS LANDSCAPING MAINTENANCE AGREEMENT is made and entered <br />into this 1 day of ~n~ax/', 1999, by and between the CITY OF <br />PLEASANTON ("City") and NEXTEL OF CALIFORNIA, INC., a DELAWARE <br />CORPORATION, doing business as NEXTEL COMMUNICATIONS, <br />("Developer"). <br />RECITALS <br />WHEREAS, Developer is the lessee of a portion of the real property located at <br />5990 Stoneridge Mall Road, Pleasanton, California, ("Property") and more particularly <br />described in Exhibit A attached hereto and incorporated herein by this reference; <br />WHEREAS, Condition #10 of the Conditions of Approval for Design Review <br />Case Z-99-171 requires the Developer to enter into an agreement with the City that the <br />Developer will maintain all landscaped areas on Developer's leased portion of the <br />Property at all times in a healthful, attractive and weed-free manner which is consistent <br />with the approved landscape plan for the development; and <br />WHEREAS, Condition #10 also requires that the landscaping agreement shall <br />run with the land for the duration of the existence of the Developer's structures located <br />on the Property; and <br />NOW, THEREFORE, in consideration of the mutual promises herein contained, <br />the parties agree as follows: <br />1. Pur ose. The purpose of this Agreement is to assure (a) installation of <br />landscaping in accordance with the City-approved landscape plan for the wireless facility <br />and related structures ("Project") by Design Review Case Z-99-171; and (b) continued <br />maintenance and care of the landscaping. <br />2. Landscaping. Developer, at no expense to the City, shall maintain in <br />healthful, attractive and reasonably weed-free manner all the landscaped areas on <br />Developer's leased portion of the Property as shown in the landscaping plan approved by <br />the City. <br />3. Maintenance Requirements. <br />Landscaping. "Landscaped areas" as used herein shall mean plantings and <br />irrigation systems which have been installed, or are proposed to be installed, pursuant to <br />the City approved landscape plan for the Property as part of the Project. All plantings <br />shall be maintained in a healthy, attractive, and reasonably weed-free condition, using <br />generally accepted methods of cultivation to ensure reasonably normal, healthy plant <br />growth. Maintenance shall include replacement of plantings, when necessary, and all <br />