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C. All maintenance work shall conform to all applicable federal and state
<br />Occupation 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
<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. Section 5.2 of the DDA (as defined in Recital B)
<br />also sets forth the manner of communicating and resolving maintenance deficiencies, including but not
<br />limited to graffiti removal. In the event of any conflict between this Agreement and the DDA, the more
<br />stringent standard or process that provides a greater degree of protection for the public health and safety
<br />(as determined by City) shall apply.
<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 notification of any deficiency, the Property Owner shall have thirty (30) days within
<br />which to correct, remedy or cure the deficiency. 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.
<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 demand all charges and costs incurred by the
<br />City for such maintenance, repair and replacement work. Until so paid, the City shall have a lien on the
<br />Site for the amount of such charges or costs, which lien shall be perfected by the recordation of a "Notice
<br />of Claim of Lien" against the Property. This lien shall affect all parcels jointly if portions of the Property
<br />have been sold. 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 date of
<br />the recordation of the Notice of Claim of Lien, and no such lien shall in any way defeat, invalidate, or
<br />impair the obligation or priority of any such mortgage or deed of trust, unless the mortgagee or
<br />beneficiary thereunder expressly subordinates its interest, of record, to such lien. No lien in favor of the
<br />City created or claimed hereunder shall in any way defeat, invalidate, or impair the obligation or priority
<br />of any lease, sublease or easement 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
<br />result of expending public monies to maintain, repair and, if and when necessary, replace any
<br />REV: 03-21-19 PR
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<br />ATTY/AGR.2019.064/900 Middlefield Rd and 900 Jefferson Ave - LMA
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