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WHEN RECORDED,RETURN TO: City Attorney P. O. Box 520 Pleasanton CA 94566 LANDSCAPE AND SOUNDWALL MAINTENANCE AGREEMENT THIS AGREEMENT is entered into as of the IOC~I day of 1989, by and between the CITY OF PLEASANTON, a mu icipal corporation (hereinafter referred to as "City"), and GABLES HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation (hereinafter referred to as "Association") . R E C I T A L S A. Gables Homeowners Association, a California nonprofit, mutual benefit corporation, owns real property located on land generally known as 7303-7487 Stonedale Drive, Pleasanton, California. B. The City of Pleasanton approved Ordinance No. 1213, adopted August 20, 1985, which permits Gables Homeowners Association a planned unit development plan for a 56-unit residential development and related improvements. C. Conditions of Approval 3, 15, and 16 of Ordinance No. 1213 and related PUD modifications require the Association to install and maintain landscaping on the common area site, including but not limited to buffer strip along the eastern property line and adjacent to a soundwall. D. Maintenance which benefits Association is required by the Association of the landscaping and soundwall within the areas provided by Conditions of Approval, PUD-85-12 and PUD-85-12-1M, Conditions 3, 15 and 16. E. The City and Association desire to enter into the agreement to provide for the maintenance by the Association of landscaping and soundwall as provided herein in order to satisfy the Conditions of Approval for PUD-85-12 and PUD-85-12-1M, Conditions 3, 15, and 16, Ordinance No. 1213, adopted August 20, 1985. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, receipt of which is hereby acknowledged, the City and the Association hereby agree as follows: 1. Areas for Landscaping Maintenance. The Association shall maintain the following landscaped areas: -1-