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6.1. B. - Page 105 10.19. City Provisions: A. Compliance with Maintenance Standards of the City. The Association shall be responsible for continuing permanent maintenance, repair and/or reconstruction of the following facilities in accordance with the conditions of approval of the tentative map: (1) The private streets and all other elements of the vehicular circulation system within the Project, including, but not limited to, pavement, pavement markings, traffic and street signs and pathways, walkways and related accessory features: All private streets, such vehicular circulation system, and all of the foregoing elements thereof, shall remain irrevocably as "private streets" and not be offered for dedication or dedicated to public use, provided, however, that the City is hereby granted an irrevocable right of access over the vehicular circulation system within the Project. (2) All street lights, lighting and accessories within the Common Area orwithin public service easements, including, but not Limited to, those within the private street areas in the Project: No change in the lighting system, including but not limited to electrolier height, types of poles and luminaries and lighting level (light intensity distribution), shall be made without the prior written approval of the City. (3) The Maintenance Area described in the Landscape Maintenance Agreement, including the parking spaces for use by the public. B. Common Area Use Violation. The Association shall maintain and operate the Common Area of the Project in accordance with all applicable municipal, state, and federal laws, statutes and ordinances, as the case may be. The Association shall also, as a separate and distinct responsibility, insure that third parties (including owners and their guests) utilize the Common Area in accordance with the aforementioned regulations. The Association shall, when it becomes aware of any violation of the aforementioned regulations, expeditiously correct such violations. C. Public Service Easements. The public service easements dedicated to the City and described on the Map shall exist and shall not be obstructed by the Association, . by any Owner or by any other person or entity acting on their behalf. D. Emergency Access Easement. The emergency access easement ( "E.V.A. E") conferring access over the Project to the City, other authorized governmental agencies, utilities, employees, agents or representatives, and purveyors of other public services, and their officers shall exist and shall not be obstructed by the Association, by any Owner or by any person or entity acting on their behalf. E. Enforcement by the City. Notwithstanding any other provisions regarding maintenance responsibilities, the City is hereby granted the right, but in no event the duty to enforce the maintenance obligations of the Owners and the Association for the Common Area and the Maintenance Area described in the Landscape Maintenance Agreement, so that maintenance shall be performed in a manner which complies with all applicable municipal, state and federal ordinances, statutes, standards and regulations and which does not create or perpetuate nuisances, health or safety hazards. In the event of a breach of the maintenance provision contained in this Section, the City shall give written notice of such breach and the Association shall remedy such breach within thirty (30) days of receipt of such written notice by the city. The Association recognizes that it has the primary responsibility for enforcement of its maintenance responsibilities that are contained in this Declaration and unequivocally guarantees to institute and expeditiously 61 03/06/12 T:IWPWIN60TR0JECW333 MAIN STREETIDEC - DRAFTING FORM [7][03 06 12].doc