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asphalt and concrete paving, medians, signage, curb and gutter and underground utilities,
<br />street lights, or any other duty or responsibility of City relating to the public street or the
<br />surrounding property.
<br />6. CITY'S RIGHT TO PERFORM MAINTENANCE; FORMATION OF
<br />SPECIAL DISTRICT. If Developer does not repair, periodically inspect, maintain, care
<br />for and, if and when necessary, replace the Improvements on and about the Property in
<br />the manner set forth herein, then subject to the notice and cure provisions in Section 12,
<br />the City will have the right to maintain, repair, periodically inspect, care for, and replace
<br />such Improvements, or to contract for the correction of such deficiencies, after written
<br />notice to Developer and Developer's failure to cure within any applicable cure period
<br />granted in this Agreement. City may, at its option, in the event of Developer's default and
<br />failure to cure, form a special district to levy assessments against the Property to pay for
<br />the costs of curing and correcting such deficiencies.
<br />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 or has not commenced correcting, remedying or
<br />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 Site for the amount of such charges or
<br />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 />REV: 4-12-2023 SK
<br />ATTY/AGR.2023.071/SI XX, LLC (Broadway Plaza LMA) (Page 4 of 17)
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