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NO�iV, THEREFORE, in consideration of the foregaing and the mutual covenants herein contained and for other good and valuable consideration, #he receipt and sufficiency of which are hereby acknavvledged, the parties hereto hereby agree as follows: 1. Landscauin� Within Public Ri�ht-of-WaX. As a cQmponent of the l'ublic Improvements, United Praperties shall install, at its cost, the Iandscaping shown and described in Exhibit C attached hereta wi�hin that portion af tlie public right-of-way depicted as the Baulevard Land�cape Area {the "Baulevard Landscaping") in Exhibit D attached hereto. The Boulevard I,andscaping shall be mainta,ined by the fee simple owner(s) of Parcel 1 and 2, sha11 be subject to all Ciiy ordinarices, rules and regulations perta.ining to the use of City right-of ways, and shall be removed by the fee simple owner(s} of Parcel 1 and 2 from the City right-of- way if the Roseville City Engineer determines that such removal is necessary fur pubiic health or safety or public use. The City_ shall not be obligated to replace or repair any damaged or diseased Boulevard Landscaping or ta otherwise main#ain the 8oulevard Landscaging. Tn the event that the fee simple owner(s) of Pazcei 1 r�nd 2 fail to remove t;he Boulevard Landscaping after being notified that such removal is necessary by the Roseville City Engineer, the City may remove the Boulevard Landscaping. 2. Ci Maintenance and Re airs. The City following completian and City aceeptance of ihe work shall be responsible for the maintenance, repair and replacement, if necessary, af ihe Street Improvements, the Pathway Improvements, the Utility Improvements, the Infiltration Basins, and the Retaining Wall and Fenee Improvements which are located within pubIic right-of-ways and easements. In addition to the foregoing, the City shail be responsible foz the maintenance, repair and replacerrient, if necessary of any inlets and outleis to. ihe Ponds, and for the removal of sediment from the Pond.s on a periodic as-needed basis. Maintenance, repair and replacement shall he funded cansistent vvith the City palicy in place at the time the waric is to be performed. Ali of the foregoing shall be coIlectively zeferred ta herein as tI�e "City Maintenance." 3. United Properties and Cooperative Maintenance and Rcpairs. United Properties and lbe Cooperative each shall be responsible for the maintenar�ce af atl landscaping located on their respective Parcels and an the Public Reght-of-Way adjacent to their respective Paircels, including without limitaiian all trees, shrubs, grasses or other plan#ings, as well as alI stanework or other decorative landscaping features. The Ciiy acknowledges ihat such Iandscaping may include the installation of decorative fountains and similar type ornaments, within the Ponds. The landscaping may also include the installation af a liner within the Ponds. All of the faregoing shall be collectiveIy referred to herein as the "Private Landscaping". The Ponds located on United Properties' and the Cooperative's respective Parcels shall be inaintained at all times by them in a safe, clean and attractive condition, said maintenance ta include, but not to be limited io, the cutting and grooming af a.11 grass areas, the use of apprapriate weed cantral procedures, removal af litter, keeping the pond water free and clear from excessive accumula�ion of aigae, and maintenance of the water in a candition safe for habitation by natural wildlife. 4. Crra.nt of Easements. United Properties and 1;he Caaperative each hereby grant and declare, faz the benefit of the City and its contractors and agents, a perpetual, non�exclusive easement far access purposes on, aver, t,�nder and across those portians of their respec�ive Parcels as legally described in Exhibit A l�ereta upon which tlie Public Improvements are located, as well 2