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AGREEMENT <br />Section 1. Incorporation of Recitals. The above recitals are true and correct and are <br />hereby incorporated into this MOU by this reference. <br />Section 2. Authority. Unless otherwise specified herein, all authority to act on behalf <br />of the City will be exercised by the City of Redlands Facilities and Community Services (FCS) <br />Department Director, or his or her designee. Unless otherwise specified herein, all authority to act <br />on behalf of the Foundation pursuant to this MOU shall be exercised by the Foundation Executive <br />Director. <br />Section 3. Foundation Obligations. <br />A. The Foundation will provide the City with a site plan in digital or paper form which <br />provides an overview of the Improvements, including but not limited to, the type of plants for the <br />green space/gardens and enhancements, such as the installation of pavers and benches and their <br />placement on the Property, which is subject to prior approval by the FCS Director, or his or her <br />designee. <br />B. The Foundation will perform the Improvements on the Property which is in <br />substantial conformance with the approved site plan provided to the City and approved by the FCS <br />Director or his or her designee. <br />C. Foundation will be responsible for acquiring all necessary plant materials, planting <br />soil, benches, pavers and other materials and equipment to perform the Improvements at its sole <br />cost and expense. <br />D. Foundation will perform the Improvements on the Property using its own <br />employees and volunteers and shall not utilize City employees, volunteers or contractors to assist <br />in the Improvements on the Property. <br />E. The planting period for the Improvements shall take place either Spring (third week <br />of March, to the second week of June) or Fall (fourth week of September, to the third week of <br />December) based on a planting schedule approved in advance by the FCS Director or his or her <br />designee. Access to the Property by Foundation outside of the planting schedule shall be with <br />prior approval of the FCS Director or his or her designee. <br />F. Foundation shall install benches and signage on the Property in accordance with <br />City codes and policies and shall correct, at its sole cost and expense, any Improvements that do <br />not conform to said codes and policies. Installation of benches or other park furniture must be <br />approved by the FCS Director or his or her designee prior to installation. <br />G. Foundation will allow City to inspect the Property at any time to ensure all <br />Improvements have been performed consistent with this MOU, to ensure that there are no public <br />safety concerns, and that the work complies with all local and state laws and policies. <br />2 <br />1'.\cmo\Agreements\Redlands Chamber MOU.FY2526-091.12.09.2025.bm.doex <br />