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<br />04-ALA-61-PM 14.96/15.96 <br /> <br />III. STREETSCAPING MAINTENANCE FUNCTIONS DELEGATED TO CITY <br /> <br />1. LANDSCAPING <br /> <br />CITY shall provide for the maintenance and replacement of all vegetative <br />material, including, but not limited to, the plumbing and electrical portions of <br />the irrigation system; watering; fertilizing; plant replacement; weed control <br />by hand, mechanical and chemical means; tree and vegetation trimming <br />and/or removal; chipping; miscellaneous work such as pest control and <br />inhibitor spray; and cobble paving replacement and cleaning at medians. <br /> <br />2. CURB AND SIDEWALK <br /> <br />A. CITY shall provide for the maintenance and repair of curb, sidewalk, <br />and roadside appurtenances. <br /> <br />B. CITY shall maintain the gateway monuments on both sides of SR 61 <br />including their associated paving and fencing. <br /> <br />3. LIGHTING <br /> <br />A. CITY shall provide for maintenance of ordinary street lighting and <br />decorative lighting, including banners attached to decorative lighting. <br /> <br />B. Changes in banner design or message shall require advance STATE <br />approvals. <br /> <br />IV. LEGAL RESPONSIBILITIES <br /> <br />1 . Nothing in the provisions of this Agreement is intended to create duties or <br />obligations to or rights in third parties who are not parties to this Agreement <br />or to affect the legal liability of either party to the Agreement by imposing <br />any standard of care with respect to the maintenance of State Highways or <br />the STREETSCAPING different from the standard of care imposed by law. <br /> <br />2. <br /> <br />A. <br /> <br />Neither CITY nor any officer or employee thereof is responsible for any <br />injury, damage or liability occurring by reason of anything done or <br />omitted to be done by STATE under or in connection with any work, <br />authority or jurisdiction conferred upon STATE and arising under this <br />Agreement. It is understood and agreed that STATE shall fully defend, <br />indemnify and save harmless CITY and all its officers and employees <br />from all claims, suits or actions of every name, kind and description <br /> <br />4 <br />