Laserfiche WebLink
A. Developer Responsibility. "Maintenance Area" means the private street <br />entrance decorative pavement, parkway and sidewalk within the ROW which are generally <br />depicted on Exhibit "A," attached hereto and incorporated herein. The "Maintenance Area <br />Improvements" means decorative pavement, parkway, parkway landscape, sidewalk, street trees, <br />street tree wells, irrigation improvements and storm drain improvements within the Maintenance <br />Area. Developer shall perform the following with respect to the Maintenance Area and <br />Maintenance Area Improvements: <br />(i) Keep the Maintenance Area reasonably free of plant and landscape debris. <br />(ii) Repair damage to the Maintenance Area due to the elements of ordinary <br />LIMAwA <br />(iii) Maintain and replace the street trees and parkway landscape within the <br />Maintenance Area. Maintenance shall include, without limitation, watering, fertilization, mowing, <br />edging, trimming of grass, tree and shrub pruning as needed and as requested by the City, and <br />shaping of trees and shrubs to maintain a healthy, natural appearance, safe street conditions and <br />visibility, replacement, as needed, of all dead plant materials, control of weeds and double staking <br />for support of trees. Maintenance Area at all times shall be landscaped and have street trees. Street <br />trees must be approved by the City. <br />(iv) Weed abatement. All fertilizers, pesticides, and other materials shall be <br />applied in accordance with all applicable laws, ordinances and regulations pertaining to the use <br />and application of such substances. <br />(v) Maintain the decorative pavement in a safe and walkable condition. <br />B. City Responsibility. The City shall maintain the curb and gutter, curb ramp <br />and street lights in a good condition of maintenance and repair and shall perform all necessary <br />graffiti removal within the ROW. <br />2. Termination of Developer Maintenance Obligation. Developer shall have the <br />ongoing maintenance obligation of the Maintenance Area and Maintenance Area Improvements <br />until such time as the City, in its sole and absolute discretion, elects to maintain such area at which <br />time the applicable area shall no longer constitute a part of the Maintenance Area. In such event, <br />the City shall provide a notice of termination of the Maintenance Areas in writing to Developer. <br />3. Use of ROW. The ROW shall be accessible by the general public. Except for <br />work to be performed pursuant to this Agreement, Developer shall not perform any improvement <br />work or similar activity within the ROW unless it has first been approved by the City. <br />4. Right of City to Remedy Failure of Maintenance Obligation. If Developer fails <br />to comply with the provisions of this Agreement, including any failure to maintain the <br />MaintenanceaserA�and/or the aintenance Area Improvemen s, as se forth above, thea the City <br />may deliver written notice to Developer identifying the specific defects regarding the maintenance <br />of the Maintenance Areas or Maintenance Area Improvements ("Defects Notice'. The Defects <br />Notice shall specify the date by which Developer must remedy the specific defects identified in <br />SNM:485365450.4 -2- <br />17A-6 <br />