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2 1. City Maintenance and Repairs. Following completion by the Grantor and City 39 acceptance of the City Maintained Improvements pursuant to the Public Improvement Contract, 40 the City shall maintain, repair and when necessary replace the City Maintained Improvements 41 which are located within public easements on the Property. The City shall maintain such City 42 Maintained Improvements in a condition deemed adequate and appropriate by the City. All 43 repairs and replacement of such City Maintained Improvements shall be done in a manner and at 44 such times as the City deems necessary and appropriate. All of the foregoing shall be 45 collectively referred to herein as the “City Maintenance.” 46 47 2. Grantor Maintenance and Repairs. The Grantor shall maintain, repair and when 48 necessary replace the Private Landscaping on all of the Lots and Outlots which comprise the 49 Property. The Private Landscaping shall be maintained at all times by the Grantor in a safe, 50 clean and attractive condition. The maintenance shall include, but not be limited to, the cutting 51 and grooming of all grass areas; the use of appropriate weed control measures; the removal of 52 litter; the pruning and maintenance of all shrubs, trees and other plantings; and the grooming and 53 maintenance of the ground cover and other vegetation within Outlots A and B. The foregoing 54 obligations shall be in addition to any requirements imposed by City Code. In the event that the 55 Grantor fails to adequately maintain, repair and when necessary replace the Private Landscaping 56 on or within public easements on the Property or on Outlots A and B, the City shall have the 57 right, but not the obligation, after providing ten (10) days prior written notice to the Grantor, to 58 perform such maintenance, repair and replacement, and charge the cost thereof to the Grantor. 59 Payment of such cost shall be made within thirty (30) days after the Grantor has been notified by 60 the City of the amount of such cost. If full payment is not made within such 30 day period the 61 City shall have all rights available at law and in equity to collect such cost, as well as the right to 62 assess the cost against the Property pursuant to Minn. Stat. §429.101. Interest shall accrue on 63 any costs not paid within said 30 day period at a rate of 6% or the maximum allowed by law, 64 whichever is less. In the event the Grantor fails to adequately maintain, repair and when 65 necessary replace the Private Landscaping on or within Outlots A or B, the City shall have the 66 further right to remove the Private Landscaping from the Outlots and plant such landscaping as 67 the City deems appropriate, whereupon the City, rather than the Grantor, shall thereafter be 68 responsible for the maintenance, repair and when necessary replacement of any landscaping on 69 the Outlots. 70 71 3. Changes to Private Landscaping. Any deviations to the Landscaping Plan 72 (“Landscaping Plan”) which comprises a part of the Public Improvement Construction Plans 73 under the Public Improvement Contract, and any changes to the Private Landscaping located 74 within public easements on the Property once installed, shall require prior approval by the City. 75 All new or additional landscaping so approved by the City shall become a part of the Private 76 Landscaping and shall be subject to the terms and conditions of this Agreement. 77 78 4. Repair and Replacement of Private Landscaping. In the event that any Private 79 Landscaping is removed, damaged or destroyed as a result of the City’s performance of the City 80 Maintenance, the Grantor shall repair such Private Landscaping which is damaged to a healthy 81 condition and shall replace such Private Landscaping which is removed or destroyed with the 82 same Private Landscaping as is shown in the Landscaping Plan (as originally approved by the 83