2017/03/29 Council Agenda Packet

t 2 the South Slope caused by Owner removal of trees. Owner expressly warrants the surface and subsurface stability of any slope repairs required on the slopes of the Transfer Lot Group for an additional three (3)years. (2) Transfer Lot 3. For a period of three (3)years after the Transfer Lot 3 CIosing Date, Owner expressly warrants the surface and subsurface stability of all slopes on Transfer Lot 3. Owner shall provide reasonable maintenance of the slopes of Transfer Lot 3 for the duration of this three(3)-year warranty period, which shall include repair of sloughing or slope failures. Owner expressly warrants the surface and subsurface stability of any slope repairs on Transfer Lot 3 for an additional three (3)years. (3) Obligation Carve-Outs. Owner shall not be responsible for sloughs or slope failures due to actions of the City or members of the public on or around the Transfer Lots. Owner shall also not be responsible for ordinary vegetation cultivation or management and/or landscaping replacement or replanting required under the applicable City codes, which shall be the obligation of the City. - (4) Survival. This Section 1.9(b)will survive the applicable Closing Date and will be fully enforceable by the City after such applicable Closing Date. (c) Stormwater Management. (1) The City, following development of the Phil Johnson ballfields,is providing water quality treatment for Transfer Lot 45-A. After the Transfer Lot Group Closing Date,the City will, if and to the extent that the City develops the Transfer Lot Group,provide water quality treatment for the Transfer Lot Group. After the Transfer Lot Group Closing Date,the City will provide interim stouu 15 131047136.14