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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 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
<br />shall have the right to maintain, repair, periodically inspect, care for, and replace such Improvements, or
<br />to contract for the correction of such deficiencies, after written notice to the Developer. The City may, at
<br />its 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
<br />to notify the Developer in writing if the condition of said Improvements does not conform to the
<br />standards and requirements set forth herein, including without limitation the Maintenance Standards, and
<br />to specify the deficiencies and the actions required to be taken by the Developer to cure the deficiencies.
<br />Upon notification of any deficiency, the Developer shall have thirty (30) days within which to correct,
<br />remedy or cure the deficiency. If the written notification states that the problem is urgent and relates to
<br />the public 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 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 Developer's
<br />expense. The Developer agrees to pay the City upon demand all charges and costs incurred by the City
<br />for such maintenance, repair and replacement work. Until so paid, the City shall have a lien on the Site
<br />for the amount of such charges or costs, which lien shall be perfected by the recordation of a "Notice of
<br />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 />Improvements which are the responsibility of the Developer as provided herein. The Developer agrees
<br />that if the City brings legal action to enforce its rights under this Section 6, the Developer shall pay the
<br />City all costs incurred by it, including attorneys' fees and court costs, together with interest from the date
<br />the City provided notice under Section 6.a, at the rate of seven percent (7%) per annum.
<br />d. Additional Remedies. The Developer acknowledges and agrees that the City
<br />may also pursue any and all other remedies available in law or equity in the event of a breach of the
<br />Developer's obligations and agreements set forth herein.
<br />e. Intention of City. Nothing in this Section 6 shall be construed, either expressly
<br />or by implication, as indicating an intention of the City to exercise dominion or control over the
<br />Improvements.
<br />REV: 07-16-18 PR
<br />Page 3 of 11
<br />ATTY/AGR.2018.156/LMA - 450 Maple, LLC
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