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Project. All plantings shall be maintained in a healthy, attractive, and reasonably weed-
<br />free condition, using generally accepted methods of cultivation to ensure reasonably
<br />normal, healthy plant growth. Maintenance shall include replacement of plantings, when
<br />necessary, and ail ordinary and usual care, including, but not limited to, irrigation,
<br />fertilization, pest and disease control, weeding, rotation of plantings and the removal of
<br />trimmings, rubbish, debris, and other solid waste. All shrubbery and trees located at
<br />intersections shall be maintained so that motorists' sight and view of intersecting streets
<br />are not obstructed. Developer shall, at no expense to the City, install, maintain, repair,
<br />and replace, where necessary, such irrigation systems as are required to provide adequate
<br />irrigation in compliance with water conservation practices.
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<br /> 4. Indemnity. Developer shall indemnify, defend and hold harmless the
<br />City, its officials, employees and agents from any loss, claims, liability, or expenses,
<br />including reasonable attorney's fees and costs, for personal injury or death, or property
<br />damage, arising out of or in connection with the activities of Developer or its employees
<br />or agents in the performance of its maintenance obligations, or lack thereof, under this
<br />Agreement.
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<br /> 5. Failure to Perform Obligations. If, in the reasonable judgment of the
<br />City Engineer, Developer has failed to maintain properly any landscaped or open space
<br />areas as required by this Agreement, the City may perform such maintenance, at its
<br />option, after thirty (30) days' prior written notice to Developer of such failure to maintain,
<br />which notice shall be sent by certified mail, return receipt requested, to: ~
<br />
<br />Developer:
<br />
<br />GTE Mobilnet of California Limited Parmership
<br />dba Verizon Wireless
<br />180 Washington Valley Road
<br />Bedminster, NJ 07921
<br />Attn: Network Real Estate
<br />
<br />or to such other address as Developer may notify the City in writing. Notices required
<br />hereunder shall be deemed effective two (2) days after mailing. In such event, the City's
<br />performance of such maintenance shall be at the Developer's sole expense and
<br />Developer, within thirty (30) days after Developer's receipt of an invoice from City
<br />including reasonably supporting documentation, shall pay to the City all reasonable
<br />expenses incurred by the City in the performance of such maintenance. The City's
<br />remedy provided in this paragraph shall be in addition to any other rights and remedies
<br />the City may have at law or in equity.
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<br />If any maintenance, repair, or replacement of landscaping needs immediate correction as
<br />a result of a public safety or health hazard, as reasonably determined by the City
<br />Engineer, and such maintenance is not performed, or cannot be performed, by Developer
<br />within twenty-four (24) hours after receipt of such notice thereof, v,'hich notice may be
<br />sent by facsimile, the City may perform or cause to be performed such maintenance at
<br />Developer's expense, and Developer, within thirty (30) days after Developer's receipt of
<br />an invoice from the City including reasonably supporting documentation, shall pay to the
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