Common use of MAINTENANCE OF DEVELOPMENT Clause in Contracts

MAINTENANCE OF DEVELOPMENT. The (City/County/Grantee) shall maintain the herein contemplated improvements without any cost or expense to the Commission. All maintenance by the (City/County/Grantee) shall be done for the safety of the general public and the esthetics of the area. In addition, if any sidewalks or bike trails are constructed on the Commission's right-of-way pursuant to this Agreement, the (City/County/Grantee) shall inspect and maintain the sidewalks or bike trails constructed by this project in a condition reasonably safe to the public and, to the extent allowed by law, shall indemnify and hold the Commission harmless from any claims arising from the construction and maintenance of said sidewalks or bike trails. If the (City/County/Grantee) fails to maintain the herein contemplated improvements, the Commission or its representatives, at the Commission's sole discretion shall notify the (City/County/Grantee) in writing of the (City’s/County’s/Xxxxxxx’s) failure to maintain the improvement. If the (City/County/Grantee) continues to fail in maintaining the improvement, the Commission may remove the herein contemplated improvement whether or not the improvement is located on the Commission's right of way. Any removal by the Commission shall be at the sole cost and expense of the (City/County/Grantee). Maintenance includes but is not limited to mowing and trimming between shrubs and other plantings that are part of the improvement.

MAINTENANCE OF DEVELOPMENT. The (City/County/Grantee) Grantee shall maintain the herein contemplated improvements without any cost or expense to the Commission. All maintenance by the (City/County/Grantee) Grantee shall be done for the safety of the general public and the esthetics of the area. In addition, if any sidewalks or bike trails are constructed on the Commission's right-of-way pursuant to this Agreement, the (City/County/Grantee) Grantee shall inspect and maintain the sidewalks or bike trails constructed by this project in a condition reasonably safe to the public and, to the extent allowed by law, shall indemnify and hold the Commission harmless from any claims arising from the construction and maintenance of said sidewalks or bike trails. If the (City/County/Grantee) Grantee fails to maintain the herein contemplated improvements, the Commission or its representatives, at the Commission's sole discretion shall notify the (City/County/Grantee) Grantee in writing of the (City’sCity/County’sCounty/Xxxxxxx’s) ’s failure to maintain the improvement. If the (City/County/Grantee) Grantee continues to fail in maintaining the improvement, the Commission may remove the herein contemplated improvement whether or not the improvement is located on the Commission's right of way. Any removal by the Commission shall be at the sole cost and expense of the (City/County/Grantee). Maintenance includes but is not limited to mowing and trimming between shrubs and other plantings that are part of the improvement.

MAINTENANCE OF DEVELOPMENT. The (CityIf the project/County/Grantee) activity identified in Paragraph 2, above, involves the construction or dedication of public improvements, the Grantee shall maintain the herein contemplated improvements without any cost or expense to the Commission. All maintenance by the (City/County/Grantee) Grantee shall be done for the safety of the general public and the esthetics of the area. In addition, if any sidewalks or bike trails are constructed on the Commission's right-of-way pursuant to this Agreement, the (City/County/Grantee) Grantee shall inspect and maintain the sidewalks or bike trails constructed by this project project/activity in a condition reasonably safe to the public and, to the extent allowed by law, shall indemnify and hold the Commission harmless from any claims arising from the construction and maintenance of said sidewalks or bike trails. If the (City/County/Grantee) Grantee fails to maintain the herein contemplated improvements, the Commission or its representatives, at the Commission's sole discretion shall notify the (City/County/Grantee) Grantee in writing of the (City’s/County’s/Xxxxxxx’s) Grantee's failure to maintain the improvement. If the (City/County/Grantee) Grantee continues to fail in maintaining the improvement, the Commission may remove the herein contemplated improvement whether or not the improvement is located on the Commission's right of way. Any removal by the Commission shall be at the sole cost and expense of the (City/County/Grantee). Maintenance includes but is not limited to mowing and trimming between shrubs and other plantings that are part of the improvement.