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application of herbicide, pesticide or insecticide, except for noxious weed control by or as directed by a governmental agency; (ix) outside storage of any kind; and (x) activities detrimental to the preservation of the scenic beauty of, and vegetation and wildlife in, the Wetlands. The City also shall have the right to enter onto the Wetlands at any time to preserve, improve, and enhance the slope, trees, vegetation, and natural habitat by altering, clearing, and removing trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation, and to enforce compliance with the provisions of this Section. Developer hereby remises, releases, acquits and forever discharges, forever, the City and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water over and upon any or all of the Wetlands within the terms of this Declaration. 1.3 Tree Preservation. (Add for Lots 1 and 3; Lots 2 and 4 have no TPA.) No tree, shrub or other vegetation located within the portion of the Property shown on the attached Exhibit A as a "Tree Protection Area" or "TPA" shall be destroyed, cut or removed except for dead or diseased vegetation, or as required to install utilities within the boundaries of any utility easement approved by the City, or as required to comply with or exercise rights under any easement agreement or declaration approved by the City, or according to a vegetation management plan approved by the City. In all portions of the Property other than the Tree Preservation Area, tree clearing will be avoided to the extent reasonably possible. When clearing is required, removal will first focus on undesirable tree species. For each healthy deciduous tree measuring at least six inches in diameter or a healthy coniferous tree measuring at least four inches in diameter measured in caliper inches four feet above ground (a "Significant Tree") removed, the Owner shall plant two "Replacement Trees" (being a healthy deciduous or 216542.DOC-5 10/5/2016 4 Error! Unknown document property name.