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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; FORMATION OF SPECIAL
<br /> DISTRICT. If the Property Owner does not repair, periodically inspect, maintain, care for and, if and
<br /> when necessary, replace the Improvements on and about the Property in the manner set forth herein, the
<br /> City shall have the right to maintain, repair, periodically inspect, care for, and replace such
<br /> Improvements, or to contract for the correction of such deficiencies, after written notice to the Property
<br /> Owner. The City may, at its option, form a utility district to levy assessments against the Property to pay
<br /> for the costs of curing and correcting such deficiencies.
<br /> a. Notice to Property Owner. Prior to taking any such corrective action, the City
<br /> agrees to notify the Property Owner in writing if the condition of said Improvements does not conform to
<br /> the standards and requirements set forth herein, including without limitation the Maintenance Standards,
<br /> and to specify the deficiencies and the actions required to be taken by the Property Owner to cure the
<br /> deficiencies. Upon receipt of the written notice, the Property Owner shall have thirty (30) days to remedy
<br /> such deficiencies (or such longer period of time as may reasonably be required, provided that the Property
<br /> Owner shall commence to remedy such deficiencies within the thirty (30) day period and thereafter
<br /> diligently prosecutes such remedy to completion). If the written notification states that the problem is
<br /> urgent and relates to the public health and safety, then the Property Owner shall have twenty-four (24)
<br /> hours to rectify the problem or commence corrective action.
<br /> b. Lien for Costs of Required Maintenance. In the event that Property Owner fails
<br /> to 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 Property Owner's
<br /> expense. The Property Owner agrees to pay the City upon written demand and providing reasonable
<br /> documentation of all reasonable charges and costs incurred by the City for such maintenance, repair and
<br /> replacement work. Until so paid, the City shall have a lien on the Site for the amount of such charges or
<br /> costs, which lien shall be perfected by the recordation of a. "Notice of Claim of Lien" against the Property.
<br /> This lien shall affect all parcels jointly if portions of the Property have been sold. Any lien in favor of the
<br /> City created or claimed hereunder is expressly made subject and subordinate to any mortgage or deed of
<br /> trust made in good faith and for value, recorded as of the date of the recordation of the Notice of Claim of
<br /> Lien, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of any such
<br /> mortgage or deed of trust, unless the mortgagee or beneficiary thereunder expressly subordinates its
<br /> interest, of record, to such lien. No lien in favor of the City created or claimed hereunder shall in any way
<br /> defeat, invalidate, or impair the obligation or priority of any lease, sublease or easement unless such
<br /> 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 Property Owner as provided herein. The Property
<br /> Owner agrees that if the City prevails in a legal action to enforce its rights under this Section 6, the
<br /> Property Owner shall pay the City all costs incurred by it, including attorneys' fees and court costs,
<br /> together with interest from the date the City provided notice under Section 6.a, at the rate of seven percent
<br /> (7%) per annum.
<br /> REV: 08-23-16 VR
<br /> Page 3 of B
<br /> ATTY/AGR.2016.230/849 Veterans RWC, LLC - LMA
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