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q .2 Cd~) 04-SM-IO1-KP 5.8/19.2 <br /> 5. LANDSCAPING AND VEGETATION CONTROL <br /> <br /> CITY shall maintain all planting or other types of path amenities and roadside <br /> development outside of the area reserved for freeway use, at CITY expense. <br /> <br /> CITY shall provide for maintenance and replacement of all vegetative material, <br /> including watering, fertilizing, plant replacemem, weed control by hand and <br /> mechanical means, tree trimming and/or removal, chipping, miscellaneous work <br /> such as pest control and inbaBitor spray. The maintenance of irrigation system is <br /> included. <br /> <br /> 6. STRIPING <br /> <br /> CITY shall maintain all striping and pavement markings required for the direction and <br /> operation of the PATH traffic. <br /> <br /> SAFETY DEVICES <br /> <br /> The maintenance, repair, replacement and cleaning of safety &vices, including bollards, <br /> and cleaning guide posts and markers are the responsib'flity of CITY. <br /> <br /> 8. DRAINAGE, BRIDGE AND RETAINING WALL STRUCTURES <br /> <br /> STATE will inspect and maintain all drainage devices, the bridge and the retaining wall <br /> located within the limits of the PATH. <br /> <br /> 9. FENCES <br /> <br /> The n~intenance, rep~, replacement, and clemaing of all Bay~side fences as part of the <br /> PATH are the respomib'flity of CITY. <br /> <br /> E. LEGAL RESPONSIBILITIES <br /> <br /> 1. Nothing in the provisions of this Agreement is inten&d to create duties or obligations <br /> to or rights in third parties who are not parties to this agreemem or to affect the legal <br /> liability of either party to the Agreement by imposing any standard of care with respect <br /> to the maintenance of State highways orthe PATH different from the standard of care <br /> imposed by law. <br /> <br /> 2. It is understood and agreed that neither STATE nor any officer or employee thereof is <br /> respomible for any damage or liability occurring by reason of anything done or omitted <br /> to be done by CITY under or in connection with any work authority or jurisdiction <br /> delegated to CITY under this Agreement. It is understood and agreed that pursuant to <br /> Govemn~nt Code Section 895.4 CITY shall defend, indemnify and save harmless <br /> STATE, and all STATE officers and employees from all claims, suits or actiom of <br /> every name, kind and description brought for or on account of injuries to or death of <br /> any person or damage to property resulting from anything done or omitted to be done <br /> by CITY under or in connection with any work, authority or jurisdiction delegated to <br /> CITY under this Agreement. <br /> <br /> 3. It is understood and agreed that neither C/TY nor any CITY officer or employee <br /> thereof is respomible for any damage or liability occurring by reason of anything done <br /> or omitted to be done by STATE under or in connection with any work, authority or <br /> jurisdiction delegated to STATE under this Agreemem. It is understood and agreed <br /> that pursuant to Government Code Section 895.4 STATE shall defend, indemnify and <br /> <br /> 3 rev 8/24/01 <br /> <br /> <br />