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ATTY/AGR/2016.158/CENTRUM OWNERS ASSOCIATION-LMA
<br />REV: 06-22-16 JS
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<br />Page 4 of 10
<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
<br />concrete paving, medians, signage, curb and gutter and underground utilities, street lights, or any
<br />other duty or 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
<br />when necessary, replace the Improvements on and about the Property and/or the Adjacent
<br />Property, as the case may be, in the manner set forth herein, the City shall have the right to
<br />maintain, repair, periodically inspect, care for, and replace such Improvements, or to contract for
<br />the correction of such deficiencies, after written notice to the Developer and subject to the terms
<br />and conditions of this Section 6. The City may, at its option, form a utility district to levy
<br />assessments against the Property and/or the Adjacent Property, as the case may be, 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
<br />agrees to notify the Developer in writing if the condition of said Improvements does not conform
<br />to the standards and requirements set forth herein, including without limitation the Maintenance
<br />Standards, and to specify the deficiencies and the actions required to be taken by the Developer
<br />to cure the deficiencies. Upon notification of any deficiency, the Developer shall have thirty (30)
<br />days within which to correct, remedy or cure the deficiency; provided, however, if more than
<br />thirty (30) days are reasonably required to correct, remedy or cure the deficiency and the City
<br />approves in writing, the Developer shall be required to commence such correction, remedy or
<br />cure within such thirty (30) day period and to thereafter diligently pursue the same to completion.
<br />If the written notification states that the problem is urgent and relates to the public health and
<br />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
<br />to correct, remedy, or cure or has not commenced correcting, remedying or curing such deficiency
<br />after notification and after expiration of any applicable cure period, then the City shall have the
<br />right to maintain, repair, care for and, if and when necessary, replace such Improvements at the
<br />Developer’s expense. The Developer agrees to pay the City upon demand all charges and costs
<br />incurred by the City for such maintenance, repair and replacement work, as evidenced by
<br />supporting documentation in reasonable detail provided by the City to the Developer. If such
<br />charges and costs are not paid within forty-five (45) days following written demand, the City shall
<br />have a lien on the School Site Portion of the Property for the amount of such charges or costs,
<br />which lien shall be perfected by the recordation of a “Notice of Claim of Lien” against the School
<br />Site Portion of the Property and/or the Adjacent Property, as the case may be. Promptly following
<br />payment, the City shall cause any Notice of Claim of Lien recorded by the City against the School
<br />Site Portion of the Property and/or the Adjacent Property, as the case may be, to be released and
<br />removed from the public records. This lien shall affect all parcels jointly if portions of the School
<br />Site Portion of the Property and/or the Adjacent Property, as the case may be, have been sold.
<br />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
<br />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
<br />mortgagee or beneficiary thereunder expressly subordinates its interest, of record, to such lien.
<br />6.1.K. - Page 37
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