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paving, medians, signage, curb and gutter and underground utilities, street lights, or any other duty or
<br /> responsibility of the City relating to the public street or the surrounding property.
<br /> 6. CITY'S RIGHT TO PERFORM MAINTENANCE; FORMATION OF SPECIAL
<br /> DISTRICT. If the Developer does not repair, periodically inspect, maintain, care for and, if and when
<br /> necessary, replace the Improvements on and about the Property in the manner set forth herein, the City
<br /> shall have the right to maintain, repair, periodically inspect, care for, and replace such Improvements, or
<br /> to contract for the correction of such deficiencies, after written notice to the Developer. The City may, at
<br /> its option,form a utility district to levy assessments against the Property to pay for the costs of curing and
<br /> correcting such deficiencies.
<br /> a. Notice to Developer. Prior to taking any such corrective action, the City agrees
<br /> to notify the Developer in writing if the condition of said Improvements does not conform to the
<br /> standards and requirements set forth herein, including without limitation the Maintenance Standards, and
<br /> to specify the deficiencies and the actions required to be taken by the Developer to cure the deficiencies.
<br /> Upon notification of any deficiency, the Developer shall have thirty (30) days within which to correct,
<br /> remedy or cure the deficiency. If the written notification states that the problem is urgent and relates to
<br /> the public health and safety,then the Developer shall have twenty-four(24)hours to rectify the problem.
<br /> b. Lien for Costs of Required Maintenance. In the event that Developer fails to
<br /> correct, remedy, or cure or has not commenced correcting, remedying or curing such deficiency after
<br /> notification and after expiration of any applicable cure period, then the City shall have the right to
<br /> maintain, repair, care for and, if and when necessary, replace such Improvements at the Developer's
<br /> expense. The Developer agrees to pay the City upon demand all charges and costs incurred by the City
<br /> for such maintenance, repair and replacement work. Until so paid, the City shall have a lien on the Site
<br /> for the amount of such charges or costs, which lien shall be perfected by the recordation of a"Notice of
<br /> Claim of Lien" against the Property. This lien shall affect all parcels jointly if portions of the Property
<br /> have been sold. Any lien in favor of the City created or claimed hereunder is expressly made subject and
<br /> subordinate to any mortgage or deed of trust made in good faith and for value, recorded as of the date of
<br /> the recordation of the Notice of Claim of Lien, and no such lien shall in any way defeat, invalidate, or
<br /> impair the obligation or priority of any such mortgage or deed of trust, unless the mortgagee or
<br /> beneficiary thereunder expressly subordinates its interest, of record, to such lien. No lien in favor of the
<br /> City created or claimed hereunder shall in any way defeat, invalidate, or impair the obligation or priority
<br /> of any lease,sublease or easement unless such instrument is expressly subordinated to such lien.
<br /> c. Le�al Action. The City may bring legal action to collect the sums due as the
<br /> result of expending public monies to maintain, repair and, if and when necessary, replace any
<br /> Improvements which are the responsibility of the Developer as provided herein. The Developer agrees
<br /> that if the City brings legal action to enforce its rights under this Section 6, the Developer shall pay the
<br /> City all costs incurred by it, including attorneys' fees and court costs, together with interest from the date
<br /> the City provided notice under Section 6.a,at the rate of seven percent(7%)per annum.
<br /> d. Additional Remedies. The Developer acknowledges and agrees that the City
<br /> may also pursue any and all other remedies available in law or equity in the event of a breach of the
<br /> Developer's obligations and agreements set forth herein.
<br /> e. Intention of Citv. Nothing in this Section 6 shall be construed, either expressly
<br /> or by implication, as indicating an intention of the City to exercise dominion or control over the
<br /> Improvements.
<br /> ATTYAGR/2015.005/BAIR IS�AND COURTYARD MARRIOTT LMA
<br /> REV:01-20-15 VR
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