IRONWOOD HOMEOWNERS ASSOCIATION - Laserfiche WebLink

WHEREAS, the parties desire to enter into this Agreement to provide the HOA with a license to undertake the obligations required by the Project approvals and this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: 1. License. City grants to the HOA a license to, and the HOA shall, repair, replace and maintain the Improvements in conformance with the approvals for the Project, at no cost to the City, except as set forth below. a. Wall. In maintaining the Wall, the HOA, shall ensure the integrity of the Wall and to keep it attractive, except that the City shall be responsible for repairing any damage caused by the City to the east side of the Wall (the side along the OSC) and for maintaining the attractiveness of the east side of the Wall. b. Landscaping. The HOA shall maintain all landscaping Improvements in a healthful, attractive and reasonably weed -free manner, as shown in the landscaping plan approved by the City, for the duration of the existence of the Project. 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 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 and view of intersecting streets are not obstructed. The HOA shall, at no expense to the City, install, maintain, repair, and replace, where necessary, such irrigation systems as are required to provide adequate irrigation in compliance with water conservation practices. 2. Term. This Agreement shall take effect when the obligation to maintain the Improvement is transferred from Developer to the HOA, pursuant to the terms of the recorded Declaration of Covenants, Conditions and Restrictions for the HOA. Until that transfer, Developer remains responsible for maintenance of the Improvements pursuant to the recorded Interim Maintenance Agreement. The City may terminate this Agreement upon thirty (30) days notice to the HOA. Upon notice of termination, the HOA shall suspend all activity on the City Property immediately and will be responsible to restore the City Property as directed by the City. As to the Wall and Landscaping, the City may only terminate this Agreement in the event such property is needed for a public project related to the OSC that cannot be otherwise accommodated on the OSC site. In such case, if requested by the Director of Public Works, the HOA will demolish or move the curvilinear portion of the Wall at the northeast intersection of Busch Road and Ironwood Drive and install a replacement wall along the property line. 3. Indemnification. The HOA agrees to indemnify, defend and hold Page 2 of 5