TRAMMELL CROW - AGMT FOR INSTALLATION & MAINTENANCE OF LANDSCAPING & LIGHTING - MAR 1986

AGREEMENT FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING AND LIGHTING This agreement is entered into on the 18th day of March, 1986, between Trammell Crow Company (hereinafter referred to as "Property Owner") and the City of Pleasanton, a municipal corporation (hereinafter referred to as the "City"). This agreement is based upon the following facts: A. Property Owner is the owner of real property in the City of Pleasan- ton, County of Alameda, State of California, described in Exhibit A attached to this agreement and made a part of it by this reference (hereafter referred to as the "property"). Property is an approximately SO-acre site located at I-580 and Sang Rita Read in n1eGJ4nton; it is know.. as the "Rose Fa~il~on." B. Property Owner is required to install and maintain landscaping and lighting, approved by the City, in the median strip of Rosewood Drive, the street which was installed by Property Owner and which crosses the Property. A copy of landscaping and lighting plans are on file in the Planning Depart- ment of the City. C. Both parties recognize that the installation and maintenance of this landscaping and lighting is an integral part of the Property Owner's plan for the development of the Property. Now, therefore, it is agreed between the parties as follows: 1. Purpose. The purpose of this agreement is to assure continued main- tenance and care of the landscaping and lighting approved by the City and in- stalled by the Property Owner. 2. Duty to Maintain Landscaping and Lighting Along Rosewood Drive. Prop- erty Owner agrees to maintain and care for the landscaping and lighting along the median strip of Rosewood Drive on the Property, using generally accepted methods. Property Owner shall maintain that standard of care necessary to keep the lighting operative and the landscaping healthy, attractive and weed-free. The obligation of Property Owner, his assigns or successors, to maintain the landscaping and lighting shall continue for the duration of the existence of Rosewood Drive on the Property. 3. City May Maintain Landscaping and Lighting. Property Owner agrees that if he fails to meet the standard of maintenance specified above, the City may elect to take the steps necessary to insure that the landscaping and light- ing are maintained. To do this, the City shall serve a notice of its intent to enter the Property for this purpose. The City shall either serve this notice upon the Property Owner personally or mail a copy of it, by certified mail, to the Property Owner at the address specified in Section 5 below. Said notice shall be served at least fifteen (15) days in advance of the date upon which the City intends to enter the Property. If Property Owner has failed to undertake remedial work by the expiration of the notice period, the City, or its designated representative, is hereby