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DocuSign Envelope ID:C7A85A9C-8FB5-4101-9101-883B240FC1C1
<br /> e. City shall not permit any liens to be placed against the Property arising from
<br /> the work described in this Agreement.
<br /> f. Upon completion of the work, City shall, at its expense, repair, replace or
<br /> restore any damage that the City, its employees or contractors caused to existing
<br /> improvements on the Property or any other property (real or personal) incident to the
<br /> work, to a condition of said property immediately prior to it being damaged by City, its
<br /> employees or contractors. Contractor shall video and document a pre-construction
<br /> condition of the property prior to the start of construction in the presence of the City and
<br /> the Property Owner.
<br /> 3. License for Landscape Maintenance.
<br /> a. After the City's installation of the Landscape Improvements in the Landscape
<br /> Area, Owner gives to City, its employees and contractors a non-exclusive license to
<br /> enter the Landscape Area to maintain the vegetation and irrigation system.
<br /> b. City, at no expense to Owner, shall maintain in healthful, attractive and
<br /> reasonably weed-free manner the vegetation, groundcover and irrigation system
<br /> comprising the Landscape Improvements within the Landscape Area. All plantings shall
<br /> be maintained using generally accepted methods of cultivation to ensure reasonably
<br /> normal healthy plant growth. Maintenance shall include replacement of plantings (with
<br /> prior approval from Owner if changing plant variety), when necessary, and all ordinary
<br /> and usual care, including, but not limited to, irrigation, fertilization, pest and disease
<br /> control, weeding, rotation of plantings and the removal of trimmings, rubbish, debris,
<br /> and other solid waste. City shall, at no expense to Owner, install, maintain, repair, and
<br /> replace, where necessary, such irrigation systems as are required to provide adequate
<br /> irrigation in compliance with water conservation practices.
<br /> c. Nothing in this Agreement is intended to create duties or obligations to or
<br /> rights in third parties not parties to this Agreement, or affect the legal liability of either
<br /> Owner or City by imposing any standard of care respecting the design, construction and
<br /> maintenance of the Landscape Area different from the standard of care imposed by law.
<br /> d. Owner maintains right of access to the Landscape Area, that subjected to
<br /> License for Landscape Maintenance, as needed including to repair or replace utilities
<br /> and irrigation systems that serve portions of property outside the Landscape Area
<br /> 4. Indemnity and Insurance. City shall indemnify, defend and hold harmless the
<br /> Owner from any loss, claims, liability, or expenses, including reasonable attorney's fees
<br /> and costs, for personal injury or death, or property damage, arising out of or in
<br /> connection with the activities of City, its employees or contractors under this Agreement.
<br /> City shall maintain or cause its contractor to maintain a general liability and
<br /> property damage insurance policy in the minimum amount of $1 ,000,000 combined
<br /> single limit, insuring against all liability in connection with its activities under this
<br /> Agreement and the indemnity obligations under this Section 4.
<br /> 5. Notice. Any notice which either party gives to the other shall be in writing and
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