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on-going maintenance work, as described in the County's mitigation plan <br /> NOW, THEREFORE, IT IS AGREED AS FOLLOWS: <br /> 1. City grants the necessary permission to the Counry to plant coastal live oak trees <br /> on the City owned parcel described herein as APN 095-151-140 and to maintain the trees in <br /> accordance with the County's mitigation plan, which shall be considered as incorporated into this <br /> agreement. <br /> 2. County will not perform any work on City APN 095-151-140 that is not <br /> specifically described on the County mitigation plan, without first obtaining written permission <br /> from the City to do so. <br /> 3. It is understood and agreed that County shall maintain or cause to be maintained <br /> through December 31, 2014, trees planted as a result of and subject to this agreement. City <br /> agrees to ownership and maintenance of all aspects of said pazcel, including trees subject to this <br /> agreement, beginning January 1, 2015. <br /> 4. It is further understood that through December 31, 2014, the County will perf'orm <br /> or cause to be performed any maintenance required by the County biologist, as listed in Section <br /> V.A3 of the Mitigation Plan. <br /> 5. To the full extent permitted by law, County shall defend, indemnify and hold <br /> harmless the City, its officers, agents and employees from all claims, damages, suits, or actions <br /> of every name, kind, and description, arising out of or relating to the matters covered by this <br /> Agreement, and occurring prior to January 1, 2015, except where caused by the sole negligence <br /> or willful misconduct of the City <br /> 6. This Agreement shall be binding upon the respective successors and assigns of the <br /> parties hereto. <br /> IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, <br /> � <br /> -2- <br />