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Oak Place Owners' Association - Landscape Installation and Maintenance AgreementRecording Requested By: 23632686 CITY OF GILROY Regina R 1 comendras Santa Clara County - Clerk- Recorder 04/25/2017 02:47 PM When recorded mail to: Titles: 1 Pages: 16 City of Gilroy Fees: 0.00 Taxes: 0 7351 Rosanna Street Total: 10.00 Gilroy, CA 95020 1111 WFAIT Space above this line for recorder's use only. RECORD WITHOUT FEE PURSUANT TO GOV. CODE SECTION 6103 LANDSCAPE INSTALLATION AND MAINTENANCE AGREEMENT Oak Place —Tract No. 10184 APNs: 808 -48 -001 through 808 -48 -141 (Formerly APN: 808 -21 -033) By and Between The City of Gilroy M791 Oak Place Owners' Association, a California non - profit corporation 4826 - 2681- 7046v4 KKS104706084 1 LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT RESIDENTIAL Oak Place — Tract No. 10184 APNs: 808 -48 -001 through 808 -48 -141 (Formerly APN: 808 -21 -033) This Landscaping Instagation and Maintenance Agreement ( "Agreement ") is made as of and entered into this da�30f MA&' -, , 20 between Oak Place Owners' Association, a California non - profit corporation ( "Owner ") and the City of Gilroy, a municipal corporation of the State of California ( "City ") with reference to the following facts: WHEREAS, KB Home South Bay, Inc., a California corporation ( "Developer "), developed that certain real property in the City of Gilroy, County of Santa Clara, State of California, known as and called: Oak Place, Tract 10184, described in the project improvement plans entitled Oak Place, Tract 10184, and more particularly described on Exhibit A attached hereto and made a part hereof (the "Project "); WHEREAS, City adopted Resolution No. 2011 -23 (the "TM Approval "), approving TM 07 -11, a Tentative Map to create two hundred and thirteen (213) single - family residential lots and one (1) multifamily residential lot for the Project, subject to the Tentative Map Conditions (the "TM Conditions ") and other requirements described therein; WHEREAS, City adopted Resolution No. 2011 -22 (the "A/S Approval "), approving A/S 10 -22, an application for architectural and site approval of a planned unit development for the 213 lot single - family subdivision which is the subject of the TM Approval, subject to conditions of approval ( "A /S Conditions "); WHEREAS, Number 16 of the A/S Conditions ( "A/S Condition 16 ") requires Owner, the homeowner's association for the Project, to maintain the Landscape Improvements (as that term is defined in Section 2, below) located on (i) a portion of the Project owned by Owner and described in Exhibit B, attached hereto and made a part hereof (the "Property "), (ii) an area in front of the sound wall adjacent to the Project on the south side of Luchessa Avenue and (iii) the C ty -owned land adjacent to the sound wall west of the project site adjacent to the trail (collectively "Frontage Landscape Area "); WHEREAS, this Agreement is entered into to address the Owner's obligations with respect to the Frontage Landscape Area, as contemplated and required by A/S Condition 16. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Purpose. The purpose of this Agreement is to ensure the timely and proper construction and installation of the Landscape Improvements (defined in Section 2 below) on the Frontage Landscape Area consistent with the Approved Landscape Plans (defined in 4826- 2681 -7046A KKSk04706084 2 Section 2 below) and the proper and diligent maintenance of the Landscape Improvements in perpetuity. 2. Landscape Improvements and Approved Landscape Plans. The Landscape Improvements are those described in the landscaping plans and specifications identified on Exhibit C attached hereto and made a part hereof (the "Approved Landscape Plans "). Copies of the Approved Landscape Plans are on file with the City in the office of the Public Works Department, 7351 Rosanna Street, Gilroy, California 95020. 3. Duty to Construct and Install Landscape Improvements. Owner shall cause all Landscape Improvements to be constructed and installed in a good and workmanlike manner, in accordance with the Approved Landscape Plans, the TM Approval; the A/S Approval, and all other all federal, state, county, City and other governmental statutes, laws, rules, orders; regulations, and ordinances (collectively, "Laws ") applicable to the Project, at Owner's sole cost and expense. Notwithstanding anything to the contrary herein, following acceptance of the Landscape Improvements by the City, Owner shall not be required to maintain or replace any portion of the Landscape Improvements consisting of sidewalks or other hardscape, except for such sidewalk or hardscape maintenance or replacement necessitated by Owner's activities under this Agreement. Construction and installation of the Landscape Improvements shall be completed no later than twelve (12) months after this Agreement has been signed by Developer and City. Before commencing work, Owner shall obtain all permits required by law for the construction and installation of the Landscape Improvements. All fees for such permits shall be those in effect as of the date of application for such permits. 4. Owner's Duty to Maintain Landscape Improvements. In perpetuity, Owner shall, at its sole cost and expense, diligently maintain and care for, and repair and replace as necessary, the Landscape Improvements. Owner's obligations pursuant to this Section 4 shall include, without limitation, the following: (i) providing sufficient water, fertilizer, and other nutrients to the turf and other plants to maintain them in a healthy and thriving condition; (ii) keeping plants trimmed by removing dead wood from trees and shrubs, trimming back foliage which has exceeded the landscape boundaries, shaping plants as necessary, and keeping turf mowed to a height of between two (2) and three (3) inches and trimmed back from edges of hardscape; (iii) pruning and trimming trees and shrubs, as necessary, in such a manner as to prevent interference with sight clearance for pedestrian, bicycle and vehicle traffic on adjacent roadways, walkways, and rights of way,. (iv) maintaining, repairing, and replacing, as needed, the irrigation system serving the landscaping, and obtaining all legally required permits for such work, (v) causing all weeds, trash and debris to be regularly removed from the Frontage Landscape Area; (vi) replacing plants which have died back or become unsightly on no more often than a monthly basis; and, (vii) paying all costs and expenses for the water and electricity used to irrigate and light the landscaping and Frontage Landscape Area. Diligent maintenance and care includes, but is not limited to, persistent upkeep which employs the standard of care necessary to meet all requirements of applicable local ordinances and regulations and is in accordance with the generally accepted standards for maintenance and care observed by comparable uses located within the City. 4826 - 2681 -7046A KKS104706084 3 A. Insurance• Contractors; Encroachment Permit, with Laws. Owner shall require all contractors engaged to perform any work pursuant to this Agreement to maintain at all time during the performance of the work pursuant to this Agreement, policies of insurance in form and amount acceptable to City, including without limitation: (a) commercial general liability insurance; (b) automobile liability insurance; (c) employer's liability insurance; (d) business automobile liability insurance; and, (e) worker's compensation insurance. All work required of Owner pursuant to this Agreement shall be performed on behalf of Owner by licensed California contractors. At all times during the performance of work by Owner pursuant to this Agreement, Owner shall obtain from the City and maintain in effect, at Owner's sole cost, an encroachment permit upon terms and conditions acceptable to the City, to enable Owner to perform the work required within the public right of way. Owner shall, at its sole cost and expense, comply with all Laws in the performance of its obligations pursuant to this Agreement. Thirty (30) days advance written notice must be given to City prior to termination, cancellation or modification of any such insurance policies. The insurance specified above shall name City as an additional insured. Owner hereby waives, and Owner shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement or actually carried by Owner in connection with the work described in this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Owner shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. 5. Licenses and Permits. Owner warrants to City that, except for the encroachment permit, it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Owner to accomplish its obligations under this Agreement. Owner represents and warrants to the City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Owner to accomplish its obligations. 6. Indemnity. To the fullest extent allowed by law, Owner shall indemnify, defend, and hold harmless City, its elected and appointed officials, officers, attorneys, agents, employees and volunteers from and against any and all claims, demands, causes of action, liabilities, losses, costs, expense, injuries, damages, judgments, findings, awards, suits, and proceedings (including without limitation costs for staff time, copying costs, court costs and attorney's fees) (collectively, "Claims and Liabilities ") to the extent arising out of, or in connection with: (a) the design, construction or installation of the Landscape Improvements, the performance of Owner's obligations under this Agreement by Owner or its agents, employees, contractors, or sub - contractors, and/or any breach of any obligation of Owner under this Agreement; and /or 4826 - 2681- 7046v4 4 KM04706084 (b) any violation of any law, rule or regulation applicable to any portion or aspect of the Landscape Improvements by Owner or its agents, employees, contractors, or sub - contractors; excepting only Claims and Liabilities caused by the sole negligence or willful misconduct of City or the City's officers, elected and appointed officials, agents, and employees in the performance of their obligations as the officers, elected and appointed officials; agents and employees of City. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the City and the City's officers, elected and appointed officials, agents and employees. 7. City's Right to_ Cure Owner's Default. (a) If Owner breaches any of its obligations under Sections 3, 4, 5, 6, or 7, and any breach of each and every material term and condition contained herein, and the breach is not cured within ten (10) days (or such longer period as may be specified in the Notice of Breach in City's sole and absolute discretion) after the City gives written notice ( "Notice of Breach ") to the Owner of the failure to perform, City shall have the right (but not the obligation), in addition to all other rights available to City under this Agreement, by law, or in equity, to enter upon the Frontage Landscape Area and perform all or any portion of Owner's obligation at Owner's sole cost, and all costs incurred by City shall be reimbursed by Owner to City not later than ten (10) days after demand for payment is delivered to Owner. Any costs so incurred by City in performing Owner's obligations under Sections 3, 4, 5, 6, or 7; which are not paid by Owner when due, shall bear interest from the date due until fully paid at the rate of ten percent (10 %) per annum. (b) Delay by City in giving a notice of default shall not constitute a waiver of any default nor shall it change the time of default. Any failures or delays by City in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, nor deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. (c) The City shall not perform such maintenance activities upon breach of Owner's duties under this Agreement if the default cannot reasonably be cured within the 10 -day period, and then Owner shall have such additional reasonable time as may be necessary to cure the default provided Owner commences the cure within the 10 -day period and diligently prosecutes such cure to completion. (d) Owner hereby grants permission to the City and the City's agents, employees, contractors and other representatives to enter the Frontage Landscape Area at any and all times to perform Owner's obligations (to the extent the City has the right to do so pursuant to this Section 7) and to inspect the Frontage Landscape Area and Landscape Improvements to determine if Owner is complying with its obligations under this Agreement. Nothing in this Section shall be construed to 4826 - 2681- 7046v4 5 KKS104706084 limit any access or other rights City may have as it relates to the portion of the Frontage Landscape Area within the public right of way, it being acknowledged and agreed by Owner that City's rights with respect to the public right of way shall not be diminished by this Agreement and that Owner's consent is not required as it relates to any portion of the public right of way. (e) To the fullest extent allowed by law, Owner hereby waives any and all claims it may now or hereafter have against City and City's employees, officers, agents, contractors and other representatives as a result of entry onto the Frontage Landscape Area by City or City's agents, employees, contractors, and other representatives pursuant to this Section 7, including without limitation claims for personal injury, death and damage to property except to the extent resulting from the negligence or willful misconduct of City or City's agents, employees, contractors or other representatives. 8. Owner not Agent of City. Neither Owner nor any of its agents or contractors are or shall be considered to be agents of City in connection with the performance of Owner's obligations under this Agreement. 9. Notices. Notices required or permitted to be given under the terms of this Agreement shall be served personally, or sent by pre -paid United States certified mail, return receipt requested, or by overnight courier, addressed as follows: CITY: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 ATTN: City Engineer With copies to: William D. Ross, Esq. Law Office of William D. Ross 400 Lambert Street Palo Alto, California 94306 Proof of insurance to be filed with: City of Gilroy Attention: Development Engineer 7351 Rosanna St. Gilroy, California 95020 OWNER: KB Home South Bay, Inc. 5000 Executive Parkway, Suite 125 San Ramon, CA 94583 ATTN: Ray Panek 4826 - 2681- 7046v4 6 KKS104706084 and, in the event that Owner hereafter conveys the fee interest in the Property or any portion thereof, to each successive Owner as shown on the tax rolls for Santa Clara County, California as to which City is given written notice of transfer. Notices shall be effective upon delivery to the required address, or upon attempted delivery thereof if delivery is refused by the intended recipient or if delivery is prevented because the intended recipient has failed to provide a reasonable means for accomplishing delivery. 10. Recordation: Term; Covenant Running With the Land. Upon execution of this Agreement by all parties hereto, the City shall have the right to record this Agreement with the Santa Clara County Recorder's Office in the Official Records of Santa Clara County, California ( "Official Records "). The term of this Agreement shall commence on the date that it is signed by Developer and City, and shall continue thereafter in perpetuity unless and until terminated in a writing signed by City and all persons and entities then being an Owner of all or any portion of the Property and recorded in the Official Records. This Agreement pertains to and runs with the Property and every part thereof and shall be deemed to run with the land. Developer, on behalf of itself and all subsequent fee owners of all or any portion of the Property, hereby subjects the Property to all of terms and conditions set forth in this Agreement. This Agreement shall bind each Owner now owning a fee interest in all or any portion of the Property, and all successors in interest of all or any portion of the fee interest in and to the Property or any portion thereof, and all of their respective successors and assigns, subject to this paragraph below. If an Owner conveys, grants or otherwise transfers all or any portion of the fee title interest in the Property or any portion thereof to another, such grantee or transferee shall be jointly and severally responsible with the transferring Owner and all other Owners of all or any portion of the Property for complying with all of the terms and conditions of this Agreement; provided however, that notwithstanding any other provision in this Agreement, in no event shall any obligation of any Owner be binding on the City, nor shall City be responsible for complying with the obligations of any Owner under this Agreement, notwithstanding that all or any portion of the Property or any portion of the Frontage Landscape Area, is owned by City or has been conveyed, granted or transferred to City. Each Owner shall advise City in writing of the names and addresses of the transferees of any portion of the fee interest of such Owner to the Property or any portion thereof not later than ten (10) days after conveyance of title. Upon any subdivision of the Property or any portion thereof, Owner's obligations under this Agreement shall be joint and several among the owners of the subdivided lots or parcels; provided however, that notwithstanding any other provision in this Agreement, in no event shall any obligation of Owner or their successors in interest be binding on the City, nor shall City be responsible for complying with any obligations of Owner under this Agreement, notwithstanding that any subdivided lot or parcel or portion thereof, or any part of the Frontage Landscape Area, is owned by City or has been conveyed, granted or transferred to City. The obligations of Owner shall be the joint and several obligations of any and all parties comprising Owner. All terms and conditions set forth in this Agreement shall inure to the benefit of City and any successor governmental entity of City whether or not City or such successor governmental entity is an owner of any interest in real property. As used in this Agreement, "Owner" shall mean any and all persons, firms, corporations or other legal entities which own fee title to all or any portion of the Property. The term 4826 - 2681- 7046v4 KKS104706084 7 "Owner" shall not include a mortgagee or beneficiary under a deed of trust holding a security interest in the Property unless such mortgagee or beneficiary has entered into actual physical possession of the Property or becomes a fee owner of any portion of the Property. 11. Breach of Agreement. Any breach by Owner of the terms and conditions of this Agreement shall be deemed a violation of the TM Approval and the A/S Approval. In addition to any other remedy available to City under this Agreement, by law or in equity, the City may bring an action against Owner to enforce the terms and conditions of the TM Approval, the A/S Approval and this Agreement. 12. Attorneys' Fees. If any party to this Agreement resorts to a legal action to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to any other relief to which it may be entitled. 13. Miscellaneous Terms and Provisions: (a) If any provision of this Agreement is adjudged invalid, unenforceable or void, the remaining provisions of this Agreement shall not be affected thereby and shall remain in force and effect. (b) The waiver of any party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision. (c) No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. Notwithstanding the foregoing, Owner is entitled to hire a general contractor and subcontract such portions of the work to be performed under this Agreement. (d) Notwithstanding any provisions of this Agreement, the City does not undertake any responsibility or liability for any claim, demand, cause of action, damage, cost, expense, loss, or liability, in law or in equity, of any kind and nature whatsoever, that in any way arises from or is in any way connected to the execution of this Agreement and /or to the performance of any and all of the work or obligation under this Agreement except as otherwise provided herein. (e) Nothing in this Agreement, whether express or implied, is intended to confer any rights on any persons other than the parties to it and their representatives, successors and permitted assignees. (f) This Agreement contains the entire agreement between the parties relating to Owner's obligations with respect to the installation and maintenance of landscaping within the Frontage Landscape Area, and all prior or contemporaneous agreements, understandings, representations or statements, oral or written, are superseded hereby. 4826 - 2681 -7046A KKS104706084 8 (g) The parties specifically acknowledge that the Project is a private development, that no party is acting as the agent of the others in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties, or the affairs of City, or otherwise, or cause them to be considered joint venturers or members of any joint enterprise. (h) This Agreement shall be interpreted and construed reasonably and neither for nor against any party, regardless of the degree to which any party participated in its drafting. Each of the parties has received the advice of legal counsel prior to signing this Agreement. Each party acknowledges no other party or agent or attorney has made a promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter herein to induce another party to execute this Agreement. The parties agree no provision or provisions may be subject to any rules of construction based upon any party being considered the party "drafting" this Agreement. When the context and construction so require, all words used in the singular herein shall be deemed to have been used in the plural, and the masculine shall include the feminine and neuter and vice versa. Whenever a reference is made herein to a particular provision of this Agreement, it means and includes all paragraphs, subparagraphs and subparts thereof, and, whenever a reference is made herein to a particular paragraph or subparagraph, it shall include all subparagraphs and subparts thereof. (i) All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided. (j) All references to days herein are to calendar days, including Saturdays, Sundays and holidays, except as otherwise specifically provided. Unless otherwise required by a specific provision of this Agreement, time hereunder is to be computed excluding the first day and including the last day. (k) This Agreement may not be modified or amended in any respect except by a writing signed by the parties. (1) Each of the Exhibits identified is attached hereto and incorporated herein and made a part hereof by this reference. (m) This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. (n) The section headings or captions of this Agreement are for convenience of reference only, and shall not be deemed to define or limit the scope or intent of any of the provisions of this Agreement. No modification or amendment of this Agreement shall be valid unless the same is in writing and signed by City and 4826- 2681- 7046v4 KKS104706084 9 Owner. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. [signatures begin on the following page] 4826 - 2681- 7046v4 1 O KKS104706084 IN WITNESS WHEREOF, the parties have executed this Landscape Installation and Maintenance Agreement to be effective on the day and year set forth above. OWNER: OAK PLACE OWNERS' ASSOCIATION, a California non - profit corporation B � Y• Name: Title: 1 t!�S 10 Date: CITY: CITY OF GILROY, a municipal corporation By: Name: Gabriel A. Gonzalez Title: City Administrator Date: `L ( q b '7 ATTEST: APPROVED AS TO FORM: By: f S awna Freels, City Clerk Andy Faber, ;City Attorney 4826 - 2681- 7046v4 1 1 KKS104706084 "A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document." STATE OF California )SS COUNTY OF Contra Costa ) On March 13, 2017, before me, Dee S. Bumanlag, Notary Public, personally appeared Charles Hazelbaker, who proved to me on the basis of satisfactory evidence to be the person(s) whose name( s) is /are subscribed to the within instrument and acknowledged to me that he/she/the y executed the same in his /ei authorized capacity(ies), and that by his /heytheif signature(s) on the instrument the personfs), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: 10/6/2018 Notary Name:Dee S. Bumanlag Notary Registration Number:2085167 DEE S. BUMANLAG Commission # 2085167 Z "m Notary Public - California z Z '' Contra Costa County n My Comm. Expires Oct 6, 2018 This area for oirldal notarial seal Notary Phone: 925-983-4528 County of Principal Place of Business: Contra Costa Page 1 of 1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cal' ornia County of s is -DG�r — On Yu'l before me, I Date , personally appeared art Name and Title of the Officer e.� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the erson(j) whose name"ar- C�bscribed to the within instrument and ackno dged to me that fey executed the same in his it authorized capacity(S and that b hi hPrltlieir signature on the instrument the person(, ty upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y hand and official seal. Conalloaia� � 2t03r0i N"I Flo . Monft Signature Santa CNN coo* ignature of Notary Pu6jc Cones. � Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: elm yV a EXHIBIT A The Project All that certain real property located in the City of Gilroy, County of Santa Clara, State of California shown on that certain map of Tract 10184, filed for record on November 26, 2013, in Book 866 of Maps at Pages 24 through 33, inclusive, in the Official Records of the County of Santa Clara, State of California. Exhibit B The Property All that certain real property located in the City of Gilroy, County of Santa Clara, State of California shown on that certain map ( "Map ") of Tract 10184, filed for record on November 26, 2013, in Book 866 of Maps at Pages 24 through 33, inclusive, in the Official Records of the County of Santa Clara, State of California, EXCEPTING THEREFROM Lots 1 through 214, inclusive, as shown on the Map. Exhibit C Landscape Improvements Approved landscape plans for Oak Place (Tract No. 10184) are included in the plans entitled "Landscape Architectural Drawings — Oak Place — Backbone Improvements" prepared by HMH dated October 22, 2013 and any amendments thereto. Landscape improvements to be maintained by the subdivision homeowners association include landscaping in front of the sound wall adjacent to the Project on the south side of Luchessa Avenue,and landscaping on City -owned land adjacent to the sound wall west of the project site and adjacent to the trail.