CITY COUNCIL AGENDA PACKET - Laserfiche WebLink

2 C. Owner is agreeable to providing the maintenance of Sycamore Creek on the Property on the terms and conditions set forth in this Agreement and agrees that this Agreement shall run with the land and continue on with any new owners as a condition of the sale of the Property. IN CONSIDERATION OF the matters described above and of the mutual benefits set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the City and the Owner (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows: 1. Maintenance. The Parties hereby agree that the Owner, or those contracted by the Owner on Owner’s behalf, will provide maintenance of Sycamore Creek on the Property consisting of: a) The Owner will provide maintenance of the Sycamore Creek within the boundaries of the Property. b) Planting of trees and shrubs should not interfere with maintenance access to the Sycamore Creek. Tree species should be selected to reduce the possibility of root erosion of the Sycamore Creek. c) No water should be allowed to flow over the Sycamore Creek , except that which is already occurring naturally with the existing topography. d) Owner must remove the accumulation and growth of grass, weeds, dirt, refuse and/or combustible trash in a manner approved by the Livermore-Pleasanton Fire Department and according to the Urban Wildland Fire Management Plan approved in conjunction with Ordinance No. 2210. e) Owner shall be responsible for complying with all federal, state, and local laws and regulations and for obtaining all required permits and/or authorizations when performing maintenance work pursuant to this Agreement. Owner shall not be held responsible for unreasonable delays caused by government agencies. Nothing within the provisions of 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 maintenance of the Sycamore Creek different from the standard of care imposed by law. 2. Failure to Perform Obligations. If, in the reasonable judgment of the Director of Public Works or his or her designee, Owner has failed to maintain properly the Sycamore Creek as required by this Agreement, the City may perform such maintenance, at its option, after thirty (30) days' prior written notice to Owner of such failure to maintain. City will make reasonable efforts to reach owner by phone and email as well. Notices required hereunder shall be deemed effective two (2) days after mailing. In the event that Owner does not complete maintenance within thirty (30) days after notice, the City has the right, but not the obligation, to perform such maintenance, which shall be at the Owner’s sole expense and Owner, upon demand by the City, shall pay to the City all reasonable expenses incurred by the City in the performance of such maintenance. The City's remedy provided in this paragraph shall be in addition to any other rights and remedies the City may have at law or in equity. Page 196 of 350