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6.1.1. - Page 27
<br /> e. Atl maintenance work shall conform to all applicable federat and state
<br /> Occupation Safety and Health Act sta�da rds and regulations for the performance of maintenance.
<br /> £ Any and all chemicals, unhealthful substances, and pesticides used in and during
<br /> maintenance shali be applied in stj•ict accardance with alt govez-�rmental requirernents. Pracautionary
<br /> measures shall be ernployed reeognizing that all areas are open to public access.
<br /> 5. CITY'S RESPONS�BILYTIES. Nothing contained herein shall limit the City's
<br /> responsibility to maintain the structt�ral integrity of the public streats, including asphalt and concrete
<br /> pavir�g, medians, signage, curb ar�d gutter and ►�nderground utilities, street lights, or any other duty or
<br /> responsibility af the City ralating to tha public street or tl�e surrounding property.
<br /> 6. CITY'S RiGHT TO PERFORM MAINTENANCE; FORMATYON OF SPECTAL
<br /> DTSTRICT. If the Developer doe� not repair, periodically inspect, maintain, care for and, if and when
<br /> necessary, replace the Irnpravetnents on and about the Property in the manner set forth herein, the City
<br /> sha11 have the right to maintain, repair, periodically inspect, care for, anc� replace s�tch Improvements, or
<br /> to contract for the correction of such deficiencies, after written notice to the Develaper. The City may, at
<br /> ItS OptIOIl, form a utility district to levy assessments agains�the Property to pay for the costs of curing and
<br /> correcting such deficiencies,
<br /> a. Notice to Developer. Priar to taking any such corrective action, tha CiLy agrees
<br /> to notify the Developer in writing if the condition of said Irnprovements does not conform to the
<br /> standards and requirements set forth herein, including vvithout lirnitation the Maintenance Standards, and
<br /> to specify the deficiencies and�the actions required to be taken hy the Developer to c�u�e t�e deficiancies.
<br /> Upon notification of any deficiency, the Developer shall have thirty(30} days within which to correct,
<br /> rerriedy or cure the deficiency. If the wriiten noti�'ication states that the problem is urge�t and relates to
<br /> the public health and safety,then the Develaper shall have twenty-four(24}hours to rectify the problem.
<br /> b. Lien for Costs of Required Maintenance. In the avent that Developer fails to
<br /> correct, remedy, or cure ar has not co��enced correcting, remedying ar curing such daficiency after
<br /> notifcation and after expiratian of any applicable cure period, then #he City shall have the right to
<br /> naaintain, repair, care for and, if and vc�han necessary, replace such Improvements at the Developer's
<br /> expense. The Deveioper agrees to pay the City upon demand all charges and costs incuired by the City
<br /> far such maintenance, repair and replacernent work. LTntil so paid, the City shall have a lien on the Site
<br /> for the amaunt of such cha�rges o�• costs, w�aieh lien sha11 be perfected by tl�a recordation of a "Notice of
<br /> Claim of Lien" against the Property. This Iien shall affeot ail parcels jointly if portions of the Property
<br /> have bee� sold. Any lien in favor of the City created ar claimed hereunder is expressly made subjeet and
<br /> subordinate to any�ortgage or deed of trust made in gooc�faith and for val�e, recorded as of the date of
<br /> the recordation of the Notice of Claim nf Lien, and no such lien shall in any way defeat, invalidate, or
<br /> impair the obligation ar priarity of any sncla mortgage ar deed of trust, unless �he mor�gagee or
<br /> beneficiary there�ander expressly subordinates its interest, of record, to such lien. No lien in favor of the
<br /> City oreated or claimad here�nder shall in any way defeat, invalidate, or irnpair the obligation or priority
<br /> of any iease,sublease or easement unless such instr��ment is expressly subordina�ed to such lien.
<br /> c. Legal Action. The City may bring legal action to collect the sums due as the
<br /> resnit of expending public monies ta maintain, rapair and, if and whan necessary, replace any
<br /> Itnprove�nents which are the responsibility of the Developer as pravided herein. The Developer agress
<br /> �hat if the Gity brings legal action to en�orce its rights under this Section 6, the Developer shall pay the
<br /> City all costs incurred by it, including reasonable attorneys' fees and cou€rt cos�s, together �x+ith interest
<br /> fram the date the City provided notice under Section 6.a, at the rate of seven percent{7%}per annum.
<br /> AlTl1AGRi2012.068lLANDSCAPE MAINT�NANCE AGREEl�f1EN�"201 MARSHAI.E.
<br /> REV:D6-04-'[2 VR
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