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ordinary and usual care, including, but not limited to, irrigation, fertilization, pest and
<br />disease control, weeding, rotation of plantings and the removal of trimmings, rubbish,
<br />debris, and other solid waste. All shrubbery and trees located at intersections shall be
<br />maintained so that motorists' sight and view of intersecting streets are not obstructed.
<br />Developer shall, at no expense to the City, install, maintain, repair, and replace, where
<br />necessary, such irrigation systems as are required to provide adequate irrigation in
<br />compliance with reasonable water conservation practices.
<br />4. Indemnity. Developer shall indemnify, defend, and hold harmless the
<br />City, its officers, 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 directly out of or in connection with the activities of Developer or its
<br />employees or agents in the performance of its maintenance obligations, or lack thereof,
<br />under this Agreement.
<br />5. Failure to Perform Obligations. If, in the reasonable judgment of the
<br />City Engineer, Developer has failed to properly maintain any landscaping as required by
<br />this Agreement, the City may perform such maintenance, at its option, after thirty (30)
<br />days' prior written notice to Developer of such failure to maintain, which notice shall be
<br />sent by certified mail, return receipt requested, to:
<br />Nextel of California, Inc. dba Nextel Communications
<br />1255 Treat Boulevard, Suite 800
<br />Walnut Creek, CA 94596
<br />Attn: Property Manager
<br />Copy: Nextel Communications, Inc
<br />2001 Edmund Halley Drive
<br />Reston, VA 20191-3436
<br />Attn: Legal Department
<br />or to such other address as Developer may notify the City in writing. Notices required
<br />hereunder shall be deemed effective upon receipt. In such event, the City's performance
<br />of such maintenance shall be at the Developer's sole expense and Developer, upon
<br />demand by the City, shall pay to the City all reasonable expenses incurred by the City in
<br />the performance of such maintenance. The City's remedy provided in this paragraph
<br />shall be in addition to any other rights and remedies the City may have at law or in
<br />equity.
<br />If any maintenance, repair, or replacement of landscaping needs immediate
<br />correction as a result of a public safety or health hazard, as reasonably determined by the
<br />City Engineer, and such maintenance is not performed, or cannot be performed, by
<br />Developer within twenty-four (24) hours of receipt of such notice thereof, which notice
<br />maybe sent by facsimile, the City may perform or cause to be performed such
<br />maintenance at Developer's expense, and Developer, upon demand by the City, shall pay
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