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License Agreement for Entry
<br /> onto City Property for Landscaping
<br /> This License Agreement for Entry onto City Property for Landscaping (hereinafter
<br /> "Agreement is made and entered into by and between the CITY OF PLEASANTON, a municipal
<br /> corporation (hereinafter "City and the HATSUSHI ESTATES HOMEOWNERS ASSOCIATION, a
<br /> California nonprofit mutual benefit corporation (hereinafter "Licensee City and Licensee may be
<br /> collectively referred to herein as the "parties."
<br /> RECITALS
<br /> A. The City is the owner of the real property located in the City of Pleasanton, generally
<br /> described as Parcel A of Tract 5835, recorded on July 15, 1988 in Alameda County Official Records at
<br /> Book 177 of Maps, Pages 57 -60, inclusive, Series 88- 175972, and more particularly shown on Exhibit
<br /> A attached hereto and incorporated herein by reference (hereinafter "Premises
<br /> B. The development of Hatsushi Estates, adjacent to the Premises, was approved by the City as
<br /> Planned Unit Development PUD- 99 -14 on August 15, 2006, by Ordinance No. 1936, which includes
<br /> as Conditions of Approval 1 and 25 that Licensee shall install and maintain landscaping on the
<br /> Premises.
<br /> C. The Licensee has requested permission from the City to enter the Premises to comply with
<br /> these conditions of approval.
<br /> NOW, THEREFORE, in consideration of the mutual covenants and conditions identified
<br /> herein, the parties hereby agree as follows:
<br /> 1. PERMISSION TO ENTER. The City hereby grants permission to the Licensee (including
<br /> its contractors and agents) to enter the Premises in accordance with the terms of this Agreement, for the
<br /> purpose of installing and maintaining landscaping improvements, and related irrigation system, as
<br /> shown in the Landscaping and Irrigation Plans for Tract 7890, Phase 1, prepared by Mori Hatsushi
<br /> Assoc. dated 5/1/2009, as approved by the City's Community Development Department, and on file
<br /> with the City.
<br /> 2. MAINTENANACE REQUIREMENTS. Licensee, at no expense to the City, shall maintain
<br /> in healthful, attractive and reasonably weed -free manner the landscaped areas on the Premises as
<br /> shown in the Landscaping and Irrigation Plan approved by the City for the duration of the existence of
<br /> PUD -99 -14 "Landscaped areas" as used in this Agreement shall mean plantings and irrigation
<br /> systems which have been installed, or are proposed to be installed, pursuant to the City approved
<br /> Landscaping and Irrigation Plan for the Project. All plantings shall be maintained using generally
<br /> accepted methods of cultivation to ensure reasonably normal, healthy plant growth. Maintenance shall
<br /> include replacement of plantings, when necessary, and all ordinary and usual care, including, but not
<br /> limited to, irrigation, fertilization, pest and disease control, weeding, rotation of plantings and the
<br /> removal of trimmings, rubbish, debris, and other solid waste. All shrubbery and trees shall be
<br /> maintained so that pedestrian use of the sidewalk and the emergency vehicle access easement is not
<br /> obstructed. Licensee shall, at no expense to the City, install, maintain, repair, and replace, where
<br /> necessary, such irrigation systems as are required to provide adequate irrigation in compliance with
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