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7.1.B. - Page 29
<br /> d. Lighting maintenance shall include prompt replacement of inoperable light bulbs,
<br /> repair and replacement of damaged light fixtures and timely payment of electrical costs to Pacific Gas and
<br /> Electric.
<br /> e. All maintenance work shall conform to all applicable federal and state
<br /> Occupation Safety and Health Act standards and regulations for the performance of maintenance.
<br /> f. Any and all chemicals,unhealthful substances,and pesticides used in and during
<br /> maintenance shall be applied in strict accordance with all governmental requirements. Precautionary
<br /> measures shall be employed recognizing that all areas are open to public access,
<br /> 5. CITY'S RESPONSIBILITIES. Nothing contained herein shall limit the City's
<br /> responsibility to maintain the structural integrity of the public streets, including asphalt and concrete
<br /> 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. If the Developer does not repair,
<br /> periodically inspect, maintain, care for and, if and when necessary, replace the Improvements on and
<br /> about the Property in the manner set forth herein, the City shall have the right to maintain, repair,
<br /> periodically inspect, care for, and replace such Improvements, or to contract for the correction of such
<br /> deficiencies,after written notice to the Developer.
<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 reasonably incurred by
<br /> the City for such maintenance,repair and replacement work. Until so paid,the City shall have a lien on
<br /> the Site for the amount of such charges or costs, which lien shall be perfected by the recordation of a
<br /> "Notice of Claim of Lien"against the Property. This lien shall affect all parcels jointly if portions of the
<br /> Property have been sold. Any lien in favor of the City created or claimed hereunder is expressly made
<br /> subject and subordinate to any mortgage or deed of trust made in good faith and for value,recorded as of
<br /> the date of the recordation of the Notice of Claim of Lien, and no such lien shall in any way defeat,
<br /> invalidate, or impair the obligation or priority of any such mortgage or deed of trust,unless the mortgagee
<br /> or beneficiary thereunder expressly subordinates its interest, of record, to such lien. No lien in favor of
<br /> the City created or claimed hereunder shall in any way defeat, invalidate, or impair the obligation or
<br /> priority of any lease,sublease or easement unless such instrument is expressly subordinated to such lien.
<br /> c. Legal 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, and the City is the prevailing
<br /> party in such legal action, the Developer shall pay the City all costs incurred by it, including attorneys'
<br /> ATTY/AGR/2015.036/SunCap Redwood LLC(LMA)
<br /> REV:02-20-15 VR
<br /> Page 3 of 9
<br /> ATTY/AGR.2015.036/SunCap Redwood LLC (LMA)
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