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(d) Repair all damaged facilities and planted azeas, and replace plants <br />immediately upon discovery of damage or loss. <br />(e) Check sprinkler systems at each watering, adjust coverage and clean heads <br />as necessary. Adjust timing of sprinkler controller to prevent flooding. Repair all damages to <br />sprinkler systems immediately. <br />(f) Maintain adequate moisture depth in soil to ensure vigorous growth. Deep <br />water all trees to ensure adequate moisture level around the trees. <br />(g) Keep Park free of weeds by cultivating or hand pulling. Use of chemical <br />weed killers will not relieve Subdivider of the responsibility of keeping azeas free of weeds over <br />one inch high at all times. <br />2. City's Assumption of Park Maintenance. <br />(a) The City shall assume maintenance of the Pazk, at its cost, immediately <br />following the end of the Maintenance Period, provided that all of the following conditions are <br />met: a) the Park turf and other plantings aze in an acceptable condition; b) all other Pazk <br />improvements have been completed; c) as per the Park Plans, Subdivider has provided to the <br />City: as-built drawings, controller charts, quick coupling quills, controller enclosure keys and an <br />irrigation warranty letter; d) Subdivider has provided complete and accurate cost accounting for <br />the construction of the Park; and e) Subdivider has maintained appropriate security as required <br />by Section 7 of the Subdivision Agreement. No later than February 5, 2004, the City shall <br />conduct a site visit and inspection of the Park, at which the Subdivider shall have the right to be <br />present, in order to assess whether all of the foregoing conditions have been met. The City shall <br />notify Subdivider in writing on or before the last day of the Maintenance Period whether all of <br />the foregoing conditions have been met, and if not, shall specify which conditions have not been <br />met and what work is required to meet them. Failure by the City to provide such notification <br />within the time specified shall constitute deemed confirmation that all of the conditions have <br />been met. Until all of these conditions aze met (or deemed to have been met), the Maintenance <br />Period shall be extended. <br />(b) Notwithstanding anything to the contrary in Section 11 of the Subdivision <br />Agreement, commencing upon the end of the Maintenance Period, Subdivider shall not be <br />required to hold harmless, indemnify or defend the City, its elective and appointive Boazds, <br />Commissions, officers, agents or employees, from any liability for damage or claims for personal <br />injury, including death, or property damage which may arise solely from the City's or its <br />contractors', subcontractors, agents', employees' or representatives' maintenance of the Pazk. <br />3. Failure to Perform Oblilrations. If the City Engineer notifies the Subdivider in <br />writing that in the reasonable judgment of the City Engineer, Subdivider has failed to maintain <br />the Park during the Maintenance Period or to repair any damage to the Park during the <br />Maintenance Period or to repair any damage to the Park by the Subdivider Parties after the <br />Maintenance Period, all as required by this First Amendment, the Subdivider shall have five (5) <br />days, after receipt of such notification to commence to cure such failure and thereafter diligently <br />to pursue the cure to completion. If Subdivider fails to commence the cure within such five (5) <br />FIRST AMENDMENT TO SUBDMSION AGREEMENT <br />TRACT N0.7255 <br />Page 2 of 4 <br />