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b. Landscape maintenance will include, but is not limited to:
<br />watering/irrigation; fertilization; periodic trimming, mowing, and/or edging of
<br />grass and lawn areas; pruning of trees, shrubs, and other vegetation;
<br />trimming and shaping of trees and shrubs to maintain a healthy, natural
<br />appearance, safe road conditions and visibility, and irrigation coverage;
<br />removal and replacement, as needed, of all plant materials; control of
<br />weeds in all planters, shrubs, lawns, ground covers, or other planted areas;
<br />and staking for support of trees.
<br />c. Clean-up maintenance will include, but is not limited to: maintenance of all
<br />sidewalks, paths and other paved areas in clean and weed -free condition;
<br />maintenance of all such areas clear of dirt, mud, trash, debris or other
<br />matter which is unsafe or unsightly; removal of all trash, litter and other
<br />debris from improvements and landscaping prior to mowing; clearance and
<br />cleaning of all areas maintained prior to the end of the day on which the
<br />maintenance operations are performed to ensure that all cuttings, weeds,
<br />leaves and other debris are properly disposed of by maintenance workers.
<br />d. Lighting maintenance will include prompt replacement of inoperable light
<br />bulbs, repair and replacement of damaged light fixtures and timely payment
<br />of electrical costs to Pacific Gas and Electric.
<br />e. All maintenance work will conform to all applicable federal and state
<br />Occupation Safety and Health Act standards and regulations for the
<br />performance of maintenance.
<br />f. Any and all chemicals, unhealthful substances, and pesticides used in and
<br />during maintenance will be applied in strict accordance with all
<br />governmental requirements. Precautionary measures will be employed
<br />recognizing that all areas are open to public access.
<br />5. CITY'S RESPONSIBILITIES. Nothing contained in this Agreement will limit
<br />City's responsibility to maintain the structural integrity of the public streets, including
<br />asphalt and concrete paving, medians, signage, curb and gutter and underground utilities,
<br />street lights, or any other duty or responsibility of City relating to the public street or the
<br />surrounding property.
<br />6. CITY'S RIGHT TO PERFORM MAINTENANCE' FORMATION OF
<br />SPECIAL DISTRICT. If Developer does not repair, periodically inspect, maintain, care
<br />for and, if and when necessary, replace the Improvements on and about the Property in
<br />the manner set forth herein, City will have the right to maintain, repair, periodically inspect,
<br />care for, and replace such Improvements, or to contract for the correction of such
<br />deficiencies, after written notice to Developer. City may, at its option, form a special
<br />district to levy assessments against the Property to pay for the costs of curing and
<br />correcting such deficiencies.
<br />a. Notice to Developer. Prior to taking any such corrective action, City will
<br />notify Developer in writing if the condition of said Improvements does not
<br />REV: 05-15-2020 PR
<br />ATTY/AGR.2020.074nVVindy Hill PV Five CM, LLC (Page 3 of 15)
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