|
<br />Plan", dated "Approved City of Pleasanton Planning Department
<br />1997. "
<br />3. Maintenance Requirements. The Owner shall at its sole expense maintain the
<br />landscaped areas as shown in the above Paragraph 2. Landscaping as used herein shall mean
<br />plantings and irrigation systems, which have been installed, or are proposed to be installed,
<br />pursuant to the City approved landscaped plans. All plantings shall be maintained in a
<br />healthful, attractive, and weed-free condition, using generally accepted methods of cultivation
<br />to ensure normal, healthy plant growth. Maintenance shall include replacement of plantings,
<br />when necessary, and all 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 are
<br />not obstructed. The Owner shall at its sole expense, install, maintain, repair, and replace,
<br />where necessary, such irrigation systems as are required to provide adequate irrigation in
<br />compliance with water conservation practices.
<br />4. Oil/Water Separator Maintenance. Owner shall at its sole expense maintain
<br />the oil/water separators or approved equal (e.g., Dura. Drain Fossil FilterT"`), as shown on
<br />the improvement plan entitled "Utility Plan", dated "Approved City of Pleasanton Planning
<br />Department 3 1997. " Maintenance of the oil/water separators or approved equal (e. g. , Dura
<br />Drain Fossil Filters shall mean cleaning/replacing the separator/Fossil Filter" on a twice a
<br />year schedule, or more frequently, if deemed necessary by the City Engineer.
<br />5. Indemnity. The Owner shall indemnify, defend, and hold harmless the City,
<br />its employees, Council, commissions, and agents from any loss, claims, liability, or
<br />expenses, including reasonable attorney's fees and costs, for personal injury or death, or
<br />property damage, arising out of or in connection with the activities. of the Owner or its
<br />employees or agents in the performance of its maintenance obligations, or lack thereof, under
<br />this Agreement.
<br />6. Failure to Perform Obli atg ions. If, in the reasonable judgment of the City
<br />Engineer, the Owner has failed to' properly maintain any landscaping or oil/water separator
<br />or approved equal (e.g., Dura Drain Fossil Filter''"') as required by this Agreement the City
<br />may perform, at its option, after thirty (30) days, provided written notice to the current
<br />Owner of the Property by first class mail at the address appearing on the Alameda County
<br />Assessor's records, of such failure of such maintenance. In such event, the City's
<br />performance of such maintenance .shall be at the Owner's sole expense and the Owner, upon
<br />demand by the City, shall pay to the City all reasonable expenses incurred by the City in the
<br />performance of such maintenance. The City's remedy provided in this paragraph shall be in
<br />addition to any other rights and remedies the City may have at law or in equity. If any
<br />maintenance, repair, or replacement of landscaping or oil/water separator or approved equal
<br />135232.1
<br />2
<br />
|