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<br /> maintained prior to the end of the day on which the maintenance operations are performed to ensure that
<br /> all cuttings, weeds. leaves and other debris are properly disposed of by maintenance workers.
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<br /> d. Lighting maintenance shall include prompt replacement of inoperable light bulbs,
<br /> repairand 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 /> i'. 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 /> S. CITY'S RESPONSIBILITIES. Nothing contained herein shall limit the City's
<br /> responsibility to maintain the structural integrity of Bair Island Road, including asphalt and concrete •
<br /> paving, medians, signage, curb and gutter and underground utilities, the Bair Island Road street lights, or
<br /> any other duty or responsibility of the City relating to One Marina orthe surrounding property, including
<br /> paying the electrical expense of operating the street lights along Bair Island Road. .
<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 One Marina site in the manner set forth herein, the
<br /> City shall have the right to maintain, repair, periodically inspect, care for, and replace such
<br /> Improveients, or to'contract for the correction of such deficiencies, after written notice to the Developer.
<br /> The City may, at its option, forma utility district to levy assessments against One Marina to pay for the
<br /> costs of curing and 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 dire 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 One Marina site. This lien shall affect all parcels jointly if portions of the One
<br /> Marina site 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,
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<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 ex pressly subordinated to such lien.
<br /> ATTY/AGR12011.077/LANDSCAPE MAINTENANCE AGREEMENT
<br /> 082911
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<br /> Description: San Mateo, CA Document - Year. DocID 2011 . 115422 Page : 3 of 17
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