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C. 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 />f. 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, street lights, or any other duty or responsibility
<br />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 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 Developer. 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 (or such longer period of time as may reasonably be required, provided that the
<br />Developer shall commence to remedy or cure such deficiency within such thirty (30) day period and
<br />thereafter diligently prosecute such remedy or cure to completion). If the written notification states that the
<br />problem is urgent and relates to the public health and safety, then the Developer shall have twenty-four (24)
<br />hours to rectify the problem (or such longer period of time as may reasonably be required, provided that
<br />the Developer shall commence to remedy or care such deficiency within such twenty-four (24) hour period
<br />and thereafter diligently prosecute such remedy or cure to completion.
<br />b. Lien for Costs of Required Maintenance. In the event that Developer fails to
<br />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 maintain,
<br />repair, care for and, if and when necessary, replace such Improvements at the Developer's expense. The
<br />Developer agrees to pay the City upon demand and supply of copies of all invoices for all charges and costs
<br />incurred by the City and proof of staff time, all charges and costs incurred by the City for such maintenance,
<br />repair and replacement work. Until so paid, the City shall have a lien on the Property for the amount of
<br />such charges or costs, which lien shall be perfected by the recordation of a "Notice of Claim of Lien" against
<br />the Property. This lien shall affect all parcels jointly if portions of the Property have been sold. Any lien
<br />in favor of the City created or claimed hereunder is expressly made subject and subordinate to any mortgage
<br />or deed of trust made in good faith and for value, recorded as of the date of the recordation of the Notice of
<br />Claim of Lien, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of
<br />any such mortgage or deed of trust, unless the mortgagee or beneficiary thereunder expressly subordinates
<br />its interest, of record, to such lien. No lien in favor of the City created or claimed hereunder shall in any
<br />way defeat, invalidate, or impair the obligation or priority of any lease, sublease or easement unless such
<br />instrument is expressly subordinated to such hen.
<br />ATTY/AGR/2019.060/MP BRADFORD ASSOCIATES, LP. - LMA
<br />REV: 03-20-19 PR
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