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6.1.J. - Page 25
<br /> to the end of the day on which the maintena�ce operations are perform�d to ensure that all cuttings,
<br /> weeds, lea�es ar�d ather debris are pa•operly disposed of by maintena�ce workers.
<br /> d. Lighting tnaintenance shall include prornpt replacement of inoperable light bulbs,
<br /> repaic and replaeement of damaged light fi�ures and tirnely payment of electrical costs to Pacific Gas and
<br /> Electric.
<br /> e. All maintenance work shall conform to all applicable federal and state
<br /> Occ�pation Safety and Health Act standards and regulations for the performance of rnaintenance.
<br /> f. Any and all chemicals, unhealth�ul substa�ces, and pesticides used it� and during
<br /> maintenance sha11 be applied in strict accordance with all governtnental requi:re�nents. Precautionary
<br /> zneasures shall be employed recognizing that all areas are open to public access.
<br /> 5. CITY'S RE�PONSISILITIES. Nothing contained herein shall limit the City's
<br /> responsibility to maintain the sttuctural integrity of the public streets, including asphalt and concrete
<br /> pa�ing, rnedians, signage, curb and gutter and ut�dergraund utilities, street lights, or any other duty or
<br /> respo�sihility af the City relating to the public street or the surroundit�g property.
<br /> 6. CITY'S RIGHT TO PERFORM MA�NTENANCE� F4RMAT�ON OF SPECIAL
<br /> DISTRICT. If the D�veloper does not repair, periodically inspect, maintain, care for and, if and when
<br /> necessary, replace the Improvements on and about th�e Properly in the manner set £ort1� herein, the City
<br /> shalf have the right to rnaintain, repair, periodically inspect, care fo�•, and replace such Improvennents, or
<br /> to contract for the correction of such deficianeies, after written notice to the Developer.
<br /> a. Notice to Developer. Prior to taking any such corrective action, the City agrees
<br /> to notify t�e Developer in writing if the candition of said Improvements does not conform to the
<br /> standards and requirements set farth herein, including �uvithout limitation the Maintenance Standards, and
<br /> �o specify the deficiencies and the actions required to be faken by the Developer to cure the deficiencies.
<br /> Upon notification of any deficiency, the Developer shall have thirty (30) c�ays within which to corrrect,
<br /> remedy or cure �e deficiency. If tl�e written notification states that the problem is urgent and relates to
<br /> the public healt�.at�d safety,then the Dev�loper shall have iwenty-four(24}hours to rectify the proble�n.
<br /> b. Lien for Costs of Required Maintenance. In the event that De�eloper fails to
<br /> co�-irect, remedy, or cure or has not commenced correcting, remedying or curing such deficiency after
<br /> notification and after expiration of any applicabla cure period, then the City shall have tha right to
<br /> maintain, repair, care for and, if a�d w�en necessary, replace such Irnprovements at the Developer's
<br /> expensa. The Devaloper agrees to pay the City upon de�and all charges and costs incur�red by the City
<br /> for suc� maintenance, repair and raplacement worlc. Until so paid, the City shall have a lien on the Site
<br /> for the amaunt of such charges ar cos#s, which lien shall be perfected hy the recordation of a"Notice of
<br /> Claitn of Lien" against the 1'roperty. This lisn shall affec� all parcels jointly if portions of the Property
<br /> have been sold. Any lien in favor of the City created or claimed hereunder is expressly�nade subject and
<br /> subardinate to any nnartgage or deed of ti�ust made in goad faith and far value, recorded as of the date of
<br /> the recordation af the Notice of Claim of Lien, and na such lien shall in any way defeat, invalidate, ar
<br /> impair the obligation or priority of any such rnortgage or deed of trust, unless the xnoi�tgagee ar
<br /> beneficiary thereunder expressly subordinates its interest, of record, to such lien. No Iien in favor af the
<br /> City created or claimed hereunder shall in a�y way defeat, in�validate, or impair fhe ohligation or priority
<br /> of any leasa, sublease or easement unless such instrument is expressly subardinated to such lien. i
<br /> ATTYIAGR12012.06212580�CR(URBAN HOE�SING)LANDSCAPE MAINTENAIVCE AGREERAENT
<br /> REV:06-04-12 V€2
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