|
r , '
<br /> d Lighting maintenanee shall include prompt replacement of inoporable light bulbs,
<br /> repair and replacement of damaged light fixtures and timoly payment of electrical costs to Pacific Gas and
<br /> Electric.
<br /> e, All maintenanco work shall conform to all applicable federal and state
<br /> Occupation Safety and Health Act standards and regulations for the performance ofmaintenance.
<br /> f. Any and all chemicals,unhealthful substances, and pes6cides used in and during
<br /> maintenance shall be applied in strict accordaace with �ll governmental requirements. Precautionary
<br /> measures sl�all be employed recogni�ang that all areas are opcn to public access.
<br /> 5. CTTY'S RESPONSIBILITI�S. Nothing contained hcrein shall limit the City's
<br /> responsibility to maintain the structural integrity of the public streets, including asphalt and coacrete
<br /> paving, rnedians, sigaage, 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. CTTY'S RIGHT TO PERFORM N�AINTENANCE• FORMATION OF SPEGIAL
<br /> IST T. If the Develaper does not rcpair, periodically inspect, maintain, ear� for and, if�nd whcn
<br /> neeessary, replace the Improvements on and about the Property in the ma.nner set forth horein, the City
<br /> shall have the right to maintain, repair,periodically inspect, care for, and replace such Irnprovements, or
<br /> to contraet for the corr�ction 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 Deveiop�r. Prior to ta�dng any such corrcctive action,the City agrees
<br /> to notify the Developer in writing if the condition of said I�rovements does not conform to the
<br /> stand�rcls and requirements set forth herein, including without lirnitation the Maintenance Standards, and
<br /> to specify the deficiencies and the actions required to be t�ken by the Developer to cure the deficicncies.
<br /> Upon notification of any deficicney, tht Developer shall have thirty (30) days within which to carn;ct,
<br /> rcmedy or cure the deficiency. Tf the written notification states that the problem is urgent and relates to
<br /> the public health and safety,then the I?eveloper sh�111 have twenty-four(24)houts to rectify the problem.
<br /> b. Lien foz Costs of Rea��zed Maintenaa�ce. In the evcnt that Develaper fails to
<br /> correct, remedy, or cure or has not comrnenced corncting, remedying or curing sueh deficiency after
<br /> notification and aftcr expiration of any applicable cure period, thea the City shall have the right to
<br /> ma.intain, repair, care for and, if and when necessary, rcplace such Improvements at the Dcveloper's
<br /> ea�pense. The Devcloper agrces to pay the City upon demand all charges and costs incurned by the City
<br /> for such maintonance, repair�.nd 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 tht recordation of a"Notice of
<br /> Claim of Lien" against the Properiy. This lien shall affeet all parcels jointly if portions of the Prop�rty
<br /> have been sold. Any lien in favar of the City created or claimad hereunder is expressly rnade subject and
<br /> subordinate to any mortgage or deed of trust made in good faith and for value,rxorded as of the da�te of
<br /> the recordation of the Notice of Claim of Lica, and no such liea 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 /> beneSciary thercunder expressly subordinates its interest, of record, to such lion. No lien iir►►favor of the
<br /> City created or claimed hereunder shall in any way defeat,invalidate, or impair the obligatioa or priarity
<br /> of any Iease,suble�se or easement unless such instrument is expressly subordinated to such lien.
<br /> c. I,egal Action. The City may bring legal action to collect the surr�s due as thc
<br /> re�ult of ea�pending public monies to maintain, rcpa.ir and, if and when nccessaiy, replace any
<br /> Improvements which arc the responsibility of the Developer as provided herein. The Developor agrees
<br /> Page 3 of 9
<br /> REV:03-2&16 VR
<br /> ATTY/AGR.2016.01�/RWC ECR Venture, LLC-LMA
<br />
|