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<br />18. LANDSCAPING. Landscaping and irrigation shall be installed on the Site in accordance with the <br />approved Landscape Plan. The Developer shall submit a financial surety as specified above. The City <br />shall retain the financial surety for at least two (2) years after full implementation of the landscaping <br />plan; provided, however, that if the Landscaping is acceptable on the first anniversary of full <br />implementation, the City will permit Developer to reduce the financial surety by 50%. The financial <br />surety shall only be released upon successful inspection of the landscaping by the City Planner, which <br />shall only occur during the growing season. <br />19. RESPONSIBILITY FOR COSTS. <br />A. Except as otherwise specified herein, the Developer shall pay all reasonable costs incurred <br />by it or the City in conjunction with the development of the Site. The City will provide monthly invoices to <br />the Developer for any costs incurred by the City. Notwithstanding the foregoing, the City shall not seek in <br />the future to recover its legal or expert fees and expenses incurred regarding the site of this project, <br />except for those fees and expenses for legal or expert services, if any, necessary to remedy a default of one <br />or more obligations of Developer arising from the Agreement, Amendment or this Second Amendment. <br />B. The Developer shall hold the City and its officers, employees, and agents harmless from <br />claims made by itself and third parties for damages sustained or costs incurred resulting from Developer’s <br />or its agents’ negligent actions. The Developer shall indemnify the City and its officers, employees, and <br />agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, <br />including attorneys' fees (but only if Developer fails to indemnify in accordance with the preceding <br />sentence). <br />C. Each party shall reimburse the other for reasonable costs incurred in the enforcement of <br />this Agreement, including engineering and attorneys' fees. <br />D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred <br />under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may <br />11 <br />180498v2