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a. those landscaped buffer areas along the
<br /> northern and eastern property line adjacent to
<br /> the 1-680/Stoneridge soundwall.
<br />
<br /> b. landscaping approved by City and Planning
<br /> Department, dated October 6, 1986 entitled
<br /> "Stonedale Townhomes, Tract 5546, designed by
<br /> John Nicol Landscape Architect, dated
<br /> October 1, 1986."
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<br /> 2. Soundwall Maintenance. The Association shall
<br /> maintain the Soundwall built adjacent to 1-680 off-ramp. Any
<br /> damage to the soundwall shall be the responsibility of the
<br /> Association. Any repair, maintenance or replacement shall be
<br /> the responsibility of the Association.
<br />
<br /> 3. Maintenance Requirements. The Association shall at
<br />its sole expense maintain the landscaping within the areas
<br />described in paragraph 1. "Landscaping" as used herein shall
<br />mean plantings and irrigation systems, which have been
<br />installed, or are proposed to be installed, pursuant to City
<br />approved plans by Association. All plantings shall be
<br />maintained in a healthy, attractive, and weed-free condition,
<br />using generally accepted methods of cultivation to ensure
<br />normal, healthy plant growth. 'Maintenance shall include
<br />replacement of plantings, when necessary, and all ordinary
<br />and usual care, including irrigation, fertilization pest and
<br />disease control weeding, rotation of plantings and the
<br />removal of trimmings, rubbish, debris, and other solid waste.
<br />All shrubbery and trees located at intersections shall be
<br />maintained so that motorists' sight and view of intersecting
<br />streets is not obstructed The Association shall at its sole
<br />expense, install, maintain, repair, and replace, where
<br />necessary, such irrigation systems as are required to provide
<br />adequate irrigation.
<br />
<br /> 4. Indemnity. The Association shall indemnify,
<br />defend, and hold harmless the City, its employees, Council,
<br />commissions, and agents from any loss, claims liability, or
<br />expenses, including reasonable attorney's fees and costs, for
<br />personal injury or death, or property damage, arising out of
<br />or in connection with the activities of the Association or
<br />its employees or agents in the performance of its maintenance
<br />obligations, or lack thereof, under this agreement.
<br />
<br /> 5. Failure to Perform Obliqation. If, in the
<br />reasonable judgment of the City Engineer, the Association
<br />fails to properly maintain any landscaping or any portion of
<br />the soundwall as required by this agreement the City may
<br />perform, at its option, after ten (10) days written notice to
<br />the Association, all or any portion of such maintenance. In
<br />such event, the City's performance of such maintenance shall
<br />be at the Association's sole expense and the Association,
<br />upon demand by the City, shall pay to the City all reasonable
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