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maintained prior to the end of the day on which the maintenance operations are performed t ensure that
<br />all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers,
<br />d. Lighting maintenance shall include prompt replacement f inoperable light bulbs,
<br />repair and replacement ent of damaged light fixtures and timely payment of electrical costs to Pacific Gas and
<br />Electric.
<br />e. All maintenance work shall conform to all applicable federal and state
<br />Occupation Safety and Health Act standards and regulations for the r rman of maintenance.
<br />f. Any and all chemicals, unhealthful substvaices, and pesticides used in and during
<br />maintenance shall be applied in strict accordance with all g veri=ental requirements. Precautionary
<br />measures shall be employed recognizing that all areas are open to public access.
<br />5 . CITY'S RESPONSMILITIES Nothing contained herein shall limit the City's
<br />responsibility to maintain the structural integrity of Bair island Road, including asphalt and concrete
<br />paving, medians, sxgnage, curb and gutter and underground utilities, the Bair Island Road street lights, or
<br />any other duty or responsibility of the City relating to One Marina or the surrounding property, including
<br />paying the electrical expense of operating the street lights along Bair Island Road.
<br />6. CITY'S RIGHT TO PERFORM MAMTBNANCB* FORMATION OF SPECIAL
<br />DISTRICT If the Developer does not repair, periodically inspect, Maintain, care for arid, if and when
<br />necessary, replace the hnpr v rnents on and about the One Marina site in the manner set forth herein, the
<br />Cit shall have the right to Maintain, repair, periodically inspect, care for, and replace such
<br />Improvements, or to contract for the c rrecti n of such deficiencies, after written notice to the Developer.
<br />The City may, at its option, foam a utility district to levy assessments against One Marina to pay for the
<br />costs of curing and e rreeti g 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 thi ty 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 small have twenty -four hours to rectify the problem.
<br />b. Lien for Cost Required Maintenan In the event that Developer fails to
<br />correct, remedy, or cure or has not commenced orreetiDg., 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 1rnprovements 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 r ainten nce, 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 />Claire of Lien" against the One Marina site. This lien shall affect all parcels jointly if portions of the One
<br />Marina site have been sold. Any lien in favor of the City ereated or claimed hereunder is expressly made
<br />subject and subordinate to any moilgage or deed of trust blade in good Faith and for value, recorded as of
<br />the date of the recordation of the Notice of Claim of Lien, and no such lien shall in any way defeat,
<br />invalidate, or impair the b] 1gation or priority of any such mortgage or deed of trust, unless the mortgagee
<br />or beneficiary thereunder expressly subordinates its interest, of record, to such lien. No lien in favor of
<br />the City created or claimed hereunder shall in any way defeat, invalidate, or impair the obligation or
<br />priority of any lease, sublease or easement unless such instrument is expressly subordinated to such lien.
<br />ATTY/AGR/2011.077/LANDSCAPE MAINTENANCE AGREEMENT
<br />EEMEi T
<br />082911
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