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<br />~.: <br />WHEREAS, Agency and Developer have also entered into <br />that certain unrecorded Implementation Agreement, which <br />agreement provides, among other things, that the design and <br />construction of the Perimeter Road will be performed by <br />Developer, subject to Agency's reimbursing Developer for the <br />actual cost of such design and construction and making certain <br />administrative payments to Developer. <br />WHEREAS, Agency desires that Developer's design and <br />construction of the Perimeter Road include the landscaping of a <br />portion of the Perimeter Road (the "Lanscapinq Area"), as the <br />Landscaping Area is shown on the plans listed on Exhibit "A" <br />attached hereto and made a part hereof, which plans have been <br />received and reviewed by the Agency. <br />'+~II~iEREAS, City and Developer desire to provide for the <br />maintenance of such landscaping by Developer, and the <br />irrigation by City and Agency of the Landscaping Area and <br />certain portions of the Site (the "Site Irrigation Area"), as <br />the Site Irrigation Area is shown on the plans listed on <br />Exhibit "A". <br />NOW, THEREFORE, for and in consideration of the mutual <br />covenants and conditions herein set forth, Agency and Developer <br />hereby agree as follows: <br />2. <br />9802a/07-14-87 <br />