DUNDER FIRST STREET PARTNERSHIP II

DocuSign Envelope ID:86B7F2C5-6F7C-4107-8CF5-C88DB500A0F5 comprising the Landscape Improvements within the Landscape Area. All plantings shall be maintained 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. City shall, at no expense to Owner, install, maintain, repair, and replace, where necessary, such irrigation systems as are required to provide adequate irrigation in compliance with water conservation practices. c. Nothing in this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement, or affect the legal liability of either Owner or City by imposing any standard of care respecting the design, construction and maintenance of the Landscape Area different from the standard of care imposed by law. 4. Indemnity and Insurance. City shall indemnify, defend and hold harmless the Owner from any loss, claims, liability, or expenses, including reasonable attorney's fees and costs, for personal injury or death, or property damage, arising out of or in connection with the activities of City, its employees or contractors.. City shall maintain or cause its contractor to maintain a general liability and property damage insurance policy in the minimum amount of $1 ,000,000 combined single limit, insuring against all liability in connection with its activities under this Agreement and the indemnity obligations under this Section 4. Contractor to add Dunder First street Partnership II as additional insured and provide Acord form to Owner prior to commencing work.. 5. Notice. Any notice which either party gives to the other shall be in writing and shall be delivered personally upon the other or be sent by mail to the respective parties as follows: OWNER: Dunder First Street Partnership II CITY: City Manager 2 Mount Palomar Court City of Pleasanton San Rafael, CA 94903 123 Main Street P.O. Box 520 Pleasanton, CA 9456 Either party may, from time to time, designate any other address for this purpose by written notice to the other party, given 10 business day notice. 6. Termination. Either party may terminate this Agreement at any time by providing sixty (60) days written notice to the other party. After expiration of such 60 days, City shall: disconnect irrigation and any related electrical service to the Landscape Area; remove landscaping that was installed by City; and leave the Landscape Area as bare dirt. 7. Venue. The venue for any action to interpret or enforce this Agreement shall be the appropriate court in Alameda County, California.