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Developer. City may, at its option, form a special district to levy assessments against the <br />Property to pay for the costs of curing and correcting such deficiencies. <br />6.1 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 conform <br />to the standards and requirements set forth herein, including without limitation the <br />Maintenance Standards, and to specify the deficiencies and the actions Developer <br />must take to cure the deficiencies. Upon notification of any deficiency, Developer <br />will have thirty (30) days to correct, remedy or cure the deficiency. If the written <br />notification states that the deficiency is urgent and relates to the public health and <br />safety, then Developer will have twenty-four (24) hours to correct, remedy or cure <br />the deficiency. <br />6.2 Lien for Costs of Re uired Maintenance. In the event that Developer fails to <br />correct, remedy, or cure or has not commenced correcting, remedying or curing <br />such deficiency after notification and after expiration of any applicable cure period, <br />then City will have the right to maintain, repair, care for and, if and when necessary, <br />replace such Improvements at Developer's expense. Developer agrees to pay <br />City upon demand all charges and costs incurred by City for such maintenance, <br />repair and replacement work. Until so paid, City will have a lien on the Property <br />for the amount of such charges or costs, which lien will be perfected by the <br />recordation of a "Notice of Claim of Lien" against the Property. This lien will affect <br />all parcels jointly and severally if portions of the Property have been sold. Any lien <br />in favor of 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, <br />recorded as of the date of the recordation of the Notice of Claim of Lien, and no <br />such lien will in any way defeat, invalidate, or impair the obligation or priority of any <br />such mortgage or deed of trust, unless the mortgagee or beneficiary thereunder <br />expressly subordinates its interest, of record, to such lien. No lien in favor of City <br />created or claimed hereunder will in any way defeat, invalidate, or impair the <br />obligation or priority of any existing lease, sublease or easement unless such <br />instrument is expressly subordinated to such lien. Upon payment of any amount <br />described in a Notice of Claim Lien, City shall record a "Notice of termination of <br />Lien" or equivalent document confirming that the claimed lien has been terminated <br />and released. <br />6.3 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 necessary, <br />replace any Improvements that are the responsibility of Developer as provided <br />herein. Developer agrees that if City brings legal action to enforce its rights under <br />this Section 6, Developer will pay City all costs incurred by it, including attorneys' <br />fees and court costs, together with interest from the date City provided notice under <br />Section 6. 1, at the rate of seven percent (7%) per annum. <br />REV: 05-13-25 VR <br />ATTY/AGR.2025.063/Stanford Health Care (2950 Bay Rd. LMA) (Page 4 of 14) <br />