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ATTACHMENT A 4.Changes to Private Landscaping. Any deviations to the Landscaping Plan (“Landscaping Plan”) which comprises a part of the Improvement Plans, and any changes to the Private Landscaping located within public easements on the Property once installed, shall require prior approval by the City, which approval shall not be unreasonably withheld, conditioned, or delayed. All new or additional landscaping so approved by the City shall become a part of the Private Landscaping and shall be subject to the terms and conditions of this Agreement. 5.Repair and Replacement of Private Landscaping. In the event that any Private Landscaping on or within public easements on the Property is removed, damaged or destroyed as a result of the City’s performance of the City Maintenance, the City shall repair such Private Landscaping which is damaged to a healthy condition and shall replace such Private Landscaping which is removed or destroyed with the same Private Landscaping as is shown in the Landscaping Plan (as originally approved by the City or if subsequently modified, as modified). 6.Grant of Easements. The Grantorhereby grants and conveys to the City, and its employees, agents and contractors, a perpetual, non-exclusive easement for access purposes on, over and across those portions of the Property upon which the Public Improvements are located, as well as a perpetual non-exclusive easement for access purposes on, over and across those portions of the Property which are directly adjacent tothe Public Improvementswhich the City reasonably needs for access to perform City Maintenance or maintenance, repair or replacement of Private Landscaping located within public easements. 7.Binding Effect. The terms, conditions, covenants, indemnificationsand easements contained herein shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. In the event of an assignment, transfer or other conveyance (whether voluntary or involuntary) of the fee simple ownership of all or any portion of the Property, the fee simple owner(s) to whom such Property is transferred shall be liable for the performance of all covenants, obligations, undertakings and indemnifications herein set forth with respect to the Property owned, during the period of their ownership. 8.Notice to Proceed.The improvements shall be installed in accordance with the City approved Plans and the rules, regulations, standards and ordinances of the City. The plans and specifications shall be prepared by a competent registered professional engineer, furnished to the City for review, and shall be subject to the approval of the City Engineer. No work shall commence on the Property until the City Engineer notifies the Developer that the work can commence. 9.Time of Performance. The Developer shall complete allpublic improvements by October 31, 2019. The Developer may, however, forward a request for an extension of time to the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 10.Inspection. The Developer shall provide the services of a Project Representative and assistants at the site to provide continuous observation of the work to be performed and the improvements to be constructed under this Agreement. a. The Developer shall provide the City Engineer a minimum of one business day notice prior to the commencement of the underground pipe laying and service connection; and prior to subgrade, gravel base and bituminous surface construction. 3