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<br />(b) The City's Rights Upon Flatirons Failure to Maintain Easement
<br />Improvement. If Flatirons, its successors or assigns defaults in its obligation
<br />to timely and properly perform the Maintenance and Repair Work specified
<br />in subsection (a) of this Section 4, and that default continues uncured for a
<br />period of 15 days following delivery to Flatirons of a written notice from the
<br />City specifying such default, or, if the nature of the default is such that it
<br />requires more than 15 days to cure, if Flatirons fails to commence that cure
<br />within that 15-day period and thereafter fails to diligently prosecute such cure
<br />to completion within 60 days following delivery of such written notice, then
<br />the City, upon two business days prior written notice to Flatirons but without
<br />any obligation to do so, may enter upon the Property and the Easement Area
<br />and perform the Maintenance and Repair Work, in which event, Flatirons
<br />shall immediately reimburse to the City the full cost of such Maintenance and
<br />Repair Work upon receipt of written notice of the City requesting that
<br />reimbursement (accompanied by copies of invoices, contracts, purchase orders
<br />and other documentation reasonably supporting and allocating and
<br />substantiating such costs). The balance of any reimbursement required under
<br />this Section 4 which is not paid within 30 days will bear interest at 10% per
<br />annum.
<br />
<br />5.
<br />
<br />Additional Covenants of Flatirons
<br />
<br />(a) Mechanic's Liens and Removal of Liens. Flatirons, its
<br />successors, and assigns shall at all times keep the Easement Area free and
<br />clear of all mechanic's liens, materialman's liens, design professional's liens,
<br />and similar liens resulting from any construction or maintenance or repair
<br />performed thereon by Flatirons, its successors, assigns, employees, invitees,
<br />licensees, contractors, or agents, and free and clear of all violations thereon
<br />placed by any federat state, municipal, or other agency or authority as a result
<br />of any act or omission on the part of Flatirons, its successors, assigns,
<br />employees, invitees, licensees, contractors, or agents within the Easement
<br />Area, and shall indemnify, defend, and hold the City, its council, officers,
<br />agents, employees, and its successors, and assigns harmless from and against
<br />any and all loss, expense, damage, demands, costs, and attorney's fees arising
<br />out of the failure of Flatirons, its successors, assigns, employees, invitees,
<br />licensees, contractors, or agents to do so. Flatirons, its successors, and assigns
<br />shall have the right to contest the correctness or the validity of any such lien
<br />if, immediately on demand by the City, its successor, or assign, Flatirons, its
<br />successor, or assign procures and records a lien release bond issued by a
<br />corporation authorized to issue surety bonds in California, in a..T1 amount
<br />equal to one and one-half (1-1/2) times the amount of the claim of lien. The
<br />bond shall meet the requirements of Civil Code Section 3143, and shall
<br />provide for the payment of any sum that the claimant may recover on the
<br />claim (together with costs of suit, if it recovers in the action).
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