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6.1.D. - Page 113
<br /> e. All maintenance work shall confor�n to all applicable federal and state
<br /> Occupation Safety and Health Act standards a�d�•egulations for the pe��forrnance of rr�aintenance.
<br /> f. Any and aIl chernicals, �nhealthful substances, and pesticides used in and during
<br /> maintenance shall be applied in strict accordanca with aIl govea•nmental requirements. Precautiona�y
<br /> measures shall be employ�d recognizing tihat a11 areas are open to public access.
<br /> 5. CTTY'S RESPONSIBILITI�S. Nothing contained hecein shalI limit the City's
<br /> �•esponsibility to maintain the structural integrity of the public st�•eets, including asphalt and concrete
<br /> paving, madians, signage, curb and gutter and underg�•ound utilities, street lighis, or any other duty ar
<br /> raspoiZSibitity of the City t•eIating to the public street oj•the sut•rounding property.
<br /> 6. CITY'S RIGHT TO PERFORM MAINTENANCE; FORMATION OF SPECIAI�
<br /> DISTRICT, If the Developer does not �•epair, periodically inspect, naaintain, care fo�• and, if and whe��
<br /> necessai•y, replace the Improveinants on and about the Prope��ty in the rnanner set fo�•th herein, the City
<br /> shali have the right to maintain, repair, periodically inspect, cai•e for, and replace sucl� Imp�•o�ements, o�•
<br /> to contract for the co�•i•ection of such deficiencies, after w�•itten notice to the Deveioper. The City may, at
<br /> its o�tion, fo�•tn a utility district to levy assessments agains�the Prope��ty to pay for the costs af curi�ig and
<br /> co�•recting such deficiencies.
<br /> a. Natice to Developer. Prior to �aking any such correcti�e action, the City agrees
<br /> to natify the Developar in writing i�' the CQ1ld1�1011 of said Improvements does not canfo�•m to the
<br /> standards and requirements set forth hei•ein, ir�cluding witt�out Iimitation the Maintenance Standards, and
<br /> �o specify the deficienei�s and the aetions ►•equi�•ed to be taken by the Developer to cure the deficiencies.
<br /> Upon nati�cation of any deficiency, the Developer shall have thi��y (30) days within whieh to correct,
<br /> remedy or cure �he deficiancy. If th� written notification states that�he proble�n is urgent and 3-elates to
<br /> the public health and safety,then the Developer shall have twenty-four(24}haurs to i•ectify the p�•oblem.
<br /> b. Liez� far Costs of Required Maintenance. Tn the event that Develope�• fails ta
<br /> correct, remedy, or cure or has not commenced correcting, remedying a�• curing such deficiency after
<br /> notitication and after expiration of any applicable cure period, then the City shall ha�e the right to
<br /> a�taintain, t•epair, care far at�d, if a�id when necessary, replace such Improvet�aents at the Developer's
<br /> expense. The Developer agrees to pay the City upo�i demand all charges and costs incur�'ed by the City
<br /> for such maintenance, rapair and replacement work. Until so paid, the City shali have a Iien on the Site
<br /> for the amount of such charges ar costs, which lien shall be perfected by the recordation of a"Notice of
<br /> Claim of Lien" against the Property. This lien shall affect all parcels jait�tiy if poj'tions of tl�e Property
<br /> have been sold. Any lien in favo�•af tha City created or claijned hereunder is expressly made subject and
<br /> subordinate to any maj•tgage or deed of trust made in good faith and for value, recorded as of the date of
<br /> the recordation of the Natice of Claim of Lien, and na such lian shall in any way defeat, i�ivalidate, or
<br /> impair the obligatiot� oa• p�•io�•ity of any sueh mortgage o�• deed of trust, unless t�e nrza�•tgagee or
<br /> beneficiary thereunder expressly subordinates its interest, o�reco�•d, to sucf� lien. No lien in favor of the
<br /> City c�•eated or claimed hereunder shall in any way defeat, in�alida�e, or impair the obligation or p�•io�•ity
<br /> af any[ease, sublease or easemei��unIess such inst��uin�nt is expressly subordinated to such lien.
<br /> a Legal Action. The City may b�•ing legal action to collect the sur►�s due as the
<br /> result of expending public monies to mai ntain, rapair and, if and when necessa�y, �•eplace any
<br /> Improvements which are the responsibility of the Developer as provided herein. The Develope�• agrees
<br /> that if the City brings legal action to enforce its rigt�ts under this Section 6, ihe Developer shall pay tlle
<br /> City all costs incurred by it, including at�ornays' fees and court costs, togetl�er with interest fz•om the date
<br /> the City provided no�ice under Sectian 6.a, at the rate of seven percei�t(7°/Q)per annum.
<br /> ATTYIAGR12013.010lLANDSCAPE MAINTENANCE ACFt��M�NT�N�fVIARINA
<br /> REV:41-14-13 VR
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