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a. Notice to Developer. Prior to taking any such corrective action, City will <br />notify Developer in writing if the condition of said Improvements does not <br />conform to the standards and requirements set forth herein, including <br />without limitation the Maintenance Standards, and to specify the <br />deficiencies and the actions Developer must take to cure the deficiencies. <br />Upon notification of any deficiency, Developer will have thirty (30) days to <br />correct, remedy or cure the deficiency. If the written notification states that <br />the deficiency is urgent and relates to the public health and safety, then <br />Developer will have twenty-four (24) hours to correct, remedy or cure the <br />deficiency. <br />b. Lien for Costs of Required Maintenance. In the event that Developer fails <br />to correct, remedy, or cure and has not commenced correcting, remedying <br />or curing such deficiency after notification and after expiration of any <br />applicable cure period, then City will have the right to maintain, repair, care <br />for and, if and when necessary, replace such Improvements at Developer's <br />expense. Developer agrees to pay City upon demand all charges and costs <br />incurred by City for such maintenance, repair and replacement work. Until <br />so paid, City will have a lien on the Property for the amount of such charges <br />or costs, which lien will be perfected by the recordation of a "Notice of Claim <br />of Lien" against the Property. This lien will affect all parcels jointly and <br />severally if portions of the Property have been sold. Any lien in favor of City <br />created or claimed hereunder is expressly made subject and subordinate to <br />any mortgage or deed of trust made in good faith and for value, recorded <br />as of the date of the recordation of the Notice of Claim of Lien, and no such <br />lien will 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 <br />thereunder expressly subordinates its interest, of record, to such lien. No <br />lien in favor of City created or claimed hereunder will in any way defeat, <br />invalidate, or impair the obligation or priority of any existing lease, sublease <br />or easement unless such instrument is expressly subordinated to such lien. <br />c. Legal Action. 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 <br />necessary, replace any Improvements that are the responsibility of <br />Developer as provided herein. Developer agrees that if City brings legal <br />action to enforce its rights under this Section 6, Developer will pay City all <br />costs incurred by it, including attorneys' fees and court costs, together with <br />interest from the date City provided notice under Section 6.a, at the rate of <br />seven percent (7%) per annum. <br />d. Additional Remedies. Developer acknowledges and agrees that City may <br />also pursue any and all other remedies available in law or equity in the event <br />of a breach of Developer's obligations and agreements set forth herein. <br />e. Intention of City. Nothing in this Section 6 will be construed, either <br />expressly or by implication, as indicating City's intention to exercise <br />dominion or control over the Improvements. <br />REV: 05-26-2020 PR <br />ATTY/AGR.2020.064/Broadway Plaza - Bay Block (Page 4 of 14) <br />