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I the time of the work to be performed. ed. xll of the foregoing shall be collectively referred to herein as the "City Ma ntenance. "' 3 2. Grantor Maintenance and R Grantor hereby agrees, warrants and 4 covenants that it will maintain all landscaping located on the Property adjacent to the Public 5 Improvement, including without limitation all trees, shrubs, grasses or other plantings, as well as all stonework or other decorative landscaping features. The City acknowledges that such 7 landscaping may include the installation of decorative fountains and similar type ornaments, 8 within the Ponds. The landscaping may also include the installation of a liner within the Ponds. All of the foregoing shall be collectively referred to herein as the "Private Landscaping"'. The 10 Ponds shall be maintained at all times by Grantor in a safe, clean and attractive condition, said I I maintenance to include, but not to be limited to, the cutting and grooming of all grass areas, the use 12 of appropriate weed control procedures, removal of litter, keeping the pond water free and clear 13 from excessive accumulation of algae, and maintenance of the water in a condition safe for 14 habitation by natural wildlife. 15 16 3. Grant of Easements. Grantor hereby grants and declares, for the benefit of the 17 City and its contractors and agents, a perpetual, non- exclusive easement for access purposes ors, 18 over, under and across those portions of the Property upon which the Public Improvements are 19 located, as well as a perpetual non - exclusive ease ment for access purposes on, over, under and 0 across those portions of the Property which are either improved with roadways or maintenance I paths, or which lie directly adjacent to such Public Improve ments, for use by either personnel or equipment as needed to perform. the City Maintenance. 3 4. Replace ment of Private Landsc . Grantor agrees that it shall repair and 4 restore any Private Landscaping which may be damaged or disturbed during the City's 5 performance of the City Maintenance consistent with the condition of such damaged or disturbed improve ments prig to the performance of the City Maintenance. The City shall not be 7 responsible for such work. 8 5. Insurance. From and after the date hereof, Grantor shall at its own expense, procure or cause to be procured and maintained at all times general public liability insurance in 30 commercially reasonable amounts against claims for bodily injury, death, or property damage 31 occurring on or from the use or operation of those Public Improve ments located within the 32 boundaries of the Property. 33 6. Catastr Neither party shall be liable for failure to perform its respective 34 obligations under this Agreement when such failure is caused by fire, explosion, flood, act of 35 God or inevitable accident, civil disorder or disturbance, strifes, vandalism, war riot, sabotage, 36 weather and energy related closings, governmental rule or regulations, "or life causes beyond 37 the reasonable control of such party. 38 7. Re medies, Cumulative fights. In the event that the City fails to perform the City 39 Maintenance as required by paragraph I above, or the Grantor fails to perform its maintenance 4O obligations as required by paragraph 2 above in either event, referred to herein as a "Default"), 4I and if such Default continues for a period of sixty 0 days after written notice to the party 4 which has caused the Default (the "Defaulting Party ") by the other party "Nondef.ultng 2