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<br /> 12 <br />LA515-119-849077.v5 <br />landscaping materials such as trees, shrubs, grasses, or other vegetation installed <br />by the Developer must be warrantied and maintained for a period of two years, with <br />the exception of trees planted on lots that have single-family homes, which are not <br />required to be warrantied. The two-year warranty period for landscaping materials <br />shall be deemed to start once all required landscaping identified as responsibility of <br />Developer in the approved Plans for the Subdivision has been field verified and <br />accepted by the City. The Developer agrees to have the installer of the landscaping <br />complete an inspection thirty (30) days before the end of the two-year warranty <br />period and provide the City with a written report identifying the condition of all <br />landscaping. In the event that any landscaping installed by the Developer is deemed <br />through this inspection to be in poor condition or dead, the Developer is to replace <br />the landscaping with like kind materials or as otherwise approved by the City. <br />B. The Developer shall be responsible for maintaining regular watering, fertilizing, and <br />over-seeding necessary to establish final lawns and yards as identified in the <br />approved Plans for outlots, public rights-of-way, and any disturbed areas outside the <br />Subdivision boundaries according to a landscape maintenance plan approved by the <br />City. The Developer agrees to achieve “substantial performance” on all seeded or <br />sodded lawns and yards disturbed during the construction of Subdivision <br />Improvements. For the purpose of this Agreement “substantial performance” shall <br />be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf <br />areas with an average blade height of three inches free of eroded, bare, or dead <br />spots and free from perennial weeds or unwanted grasses with no visible surface <br />soil.” For areas seeded with a native grass or flower mix “substantial performance” <br />shall be defined as “square foot native grass or flower areas with an average height <br />of eight inches free of eroded, bare, or dead spots and no visible surface soil.” <br />C. The City has agreed to reduce the number of required trees the Original Developer