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e. All maintenance work shall conform to all applicable federal and state Occupation
<br />Safety and Health Act standards and regulations for the performance of maintenance.
<br />£ 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 paving,
<br />medians, signage, curb and gutter and underground utilities, traffic -scale street lights ("cobra -heads'), or
<br />any 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 SPF.CTAT.
<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 Property in the manner set forth herein, the City shall
<br />have the right to maintain, repair, periodically inspect, care for, and replace such Improvements, or to
<br />contract for the correction of such deficiencies, after written notice to the Developer. The City may, at its
<br />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 Develouer. Prior to taking any such corrective action, the City agrees to
<br />notify the Developer in writing if the condition of said Improvements does not conform to the standards
<br />and requirements set forth herein, including without limitation the Maintenance Standards, and to specify
<br />the deficiencies and the actions required to be taken by the Developer to cure the deficiencies. Upon
<br />notification of any deficiency, the Developer shall have thirty (30) days within which to correct, remedy or
<br />cure the deficiency. If the written notification states that the problem is urgent and relates to the public
<br />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 con -acting, remedying or curing such deficiency after
<br />notification and after expiration of any applicable cureperiod, then the City shall have the right to maintain,
<br />repair, care for and, if and when necessary, replace such Improvements at the Developers expense. The
<br />Developer agrees to pay the City upon demand all charges and costs incurred by the City for such
<br />maintenance, repair and replacement work. Until so paid, the City shall have a lien on the Site for the
<br />amount of such charges or costs, which lien shall be perfected by the recordation of a "Notice of Claim of
<br />Lien" against the Property. This lien shall affect all parcels jointly if portions of the Property have been
<br />sold. Any lien in favor of the City created or claimed hereunder is expressly made subject and subordinate
<br />to any mortgage or deed of Mist made in good faith and for value, recorded as of the date of the recordation
<br />of the Notice of Claim of Lien, and no such lien shall in any way defeat, invalidate, or impair the obligation
<br />or priority of any such mortgage or deed of trust, unless the mortgagee or beneficiary thereunder expressly
<br />subordinates its interest, of record, to such lien. No lien in favor of the City created or claimed hereunder
<br />shall in any way defeat, invalidate, or impair the obligation or priority of any lease, sublease or easement
<br />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 result
<br />of expending public monies to maintain, repair and, if and when necessary, replace any Improvements
<br />which are the responsibility of the Developer as provided herein. The Developer agrees that if the City
<br />brings legal action to enforce its rights under this Section 6, the Developer shall pay the City all costs
<br />incurred by it, including attorneys' fees and court costs, together with interest from the date the City
<br />provided notice under Section 6.a, at the rate of seven percent (71/o) per annum.
<br />AM/AGR/2018.135/601 EL CAMINO LMA
<br />REV: 06-20-18 PR
<br />Page 3 of 7
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