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.' . . AGREEMENT FOR ASSUMPTION OF MAINTENANCE BY LAGUNA OAKS HOMEOWNERS ASSOCIATION This Agreement ("Agreement") is entered into this I day of !lJtJl/{;Jtl:t2;--- 1999, by and between the City of Pleasant on, a municipal corporation ("City"), and the Laguna Oaks Pleasanton Owners Association, a non-profit private benefit association ("Association") . RECITALS WHEREAS, the Association represents members who own property at the Laguna Oaks Planned Unit Development, Map of Tract 6266, Laguna Oaks, Pleasanton, California; and WHEREAS, the parties desire to have the Association assume the maintenance of the landscaped areas previously included within the Laguna Oaks Lighting and Landscaping District 1995-2 ("Landscaped Areas") as set forth in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, the Association, by a majority vote of its membership, has amended its covenants, conditions and restrictions to provide for the maintenance of such Landscaped Areas; and WHEREAS, the City has approved the suspension of the assessments for the Laguna Oaks Lighting and Landscaping District 1995-2 based on the commitment by the Association to maintain the Landscaped Areas. NOW, THEREFORE, in exchange for mutual consideration, the value and receipt of which is hereby acknowledged, the parties agree as follows: 1. Maintenance of Landscaped Areas. The Landscaped Areas as used herein shall mean plantings, irrigation systems, field inlets and v-ditches which have been installed pursuant to the City-approved landscape plan for the Laguna Oaks Planned Unit Development and the Assessment Engineer's Report for the Laguna Oaks Lighting and Landscape District 1995-2, which plan and report are on file with the City Clerk. / All plantings shall be maintained in a healthy, attractive, and reasonably weed-free condition, using generally accepted methods of cultivation to ensure reasonably normal, healthy plant growth. Maintenance shall include open space weed abatement, replacement of plantings, when necessary, and all ordinary and usual care, including, but not limited to, irrigation, fertilization, pest and disease control, weeding, rotation of plantings and the removal of trimmings, rubbish, debris, and other solid waste. All shrubbery and trees located at intersections shall be maintained so that motorists' sight