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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) <br />