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to the end of the day on which the maint8nanoe operations at•e performed to ensure that all cuttings,
<br /> weeds,leaves and other debris are properly disposed of by maintenance workers.
<br /> d. Lighting maintenance shall include prompt replacement of inoperable light bulbs,
<br /> repair and replacement of damaged light fxtures and timely payment of electrical costs to Pacific Gas and
<br /> Electric.
<br /> e. All rnaintenance work shall conform to all applicable faderal and state
<br /> Ocoupation Safety and Health Act standards and regulations for#he performance of ma.intenance.
<br /> f. Any and all chemicais,unhealthful substances, and pesticides used in and during
<br /> maintenance shalt be appliad in strict accordance with aIl governmental requirements. Precautionary
<br /> measures sha.11 be employed recognizing that all areas are open to public access.
<br /> 5. CITY'S RESI'ONSIBILITTES. No#hing contained herein shall limit the City's
<br /> responsibility to maintain the structural integrity of the public streets, including asphalt and conerete
<br /> paving, medians, signage, curb and gutter and underground utilities, s�reet lights, or any other duty or
<br /> responsibility of the City relating to the public street or the sunrounding property.
<br /> 6, CITY'S RIGHT TO PERFORM MAINTENANCE; FORMATION OF SPECIAL
<br /> DISTRICT. If the Devaloper daes not rapair, periodica.11y inspect, maintain, care for and, if and when
<br /> necessary, replace the Improvements on and a6out the Property in the manner set forth herein,the City
<br /> shall ha.ve the right to maintain,repair,periodically inspect,care fox•, and raplace such Improvements,or
<br /> to contract for the correction of such deficiencies,after written notice to the Developer.
<br /> a. Notice to Developer. Prior to#aking any such corrective action,the City agrees
<br /> to notify the Daveloper in writing if the condition of said Improvements doss not conform to the
<br /> standards and i•equirements set fprth herein,including without limitation the Maintena.nce Standards, and
<br /> to specify the deficiencies and the actians requu•ed to be taken by the Developer to cure the defioiencies.
<br /> Upon notification of any deficiency, the Developer shall have thirty(30) clays within which to coxrect,
<br /> remedy or cure fhe deficiency. If the written notif'ication states tha.t the problem is urgent and relates to
<br /> the public health and safety,then the Developer shall have twenty-four(24)hours to rectify the problem.
<br /> b. Lian for Costs of Required Maintenance. In#he event that Developer fails to
<br /> oorrect, remedy, or cure or has not commenced correcting, remedying or curing such deficiency after
<br /> noti£'ication and after expiration of any applicable cure period, then the City shall have the right to
<br /> maintain, repau, care for and, if and when necessary, replace such Ittxprovements at the Developer's
<br /> expense. The Developer agrees to pay#ha City upon demand all charges and costs incurred by the City
<br /> for such maintenance, repair and replacement work. Until so paid,the City shall have a lien on the Site
<br /> for the amoun#of snch charges or costs,whiah lien shall be perfected by the recordation of a"Notice of
<br /> Claim of Lien" against the Property. This lien shall affect all parcels jointly if portions of the Proparty
<br /> have been sold. Any iien in favor of the City created or claimed hereunder is expressly mada subject and
<br /> subordinate to any naortgage or deed of trust made in good faith and for value,recorded as of the date of
<br /> the recordation of the Notice af Claim of Lien, and no such lien shall in any way defeat, invalidate, or
<br /> impair the obligation or priority of any such mortgage or deed of trust, unless the xnortgagee or
<br /> benefieiary thereundar expressly subordinates its interest, of record,to such lien. No Iien in favor of the
<br /> City created or claimed hereunder shall in any way defeat, invalida#e,or impair the obligation or priority
<br /> of any lease,sublease or easement unless such instrument is expressly subordinated to such lien.
<br /> ATTY/AGW2012.062l2580 ECR{URBAN HOUSING)IANDSCAPE MAINTENANCE AGREEMEN'f'
<br /> REV:06-04-12 VR
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