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<br /> f. Any and all chemicals, unhealthful substances, and pesticides used in and during
<br /> maintenance shali be applied in strict accordance with all governmental requirements. Precautionary
<br /> measures shall be employed recognizing that all areas are open to public access.
<br /> 5. CITY'S RESPONSIBILITIES. Nothing contained herein shall limit the City's
<br /> responsibility to maintain the structural integrity of the public streets, including asphalt and concrete
<br /> paving, medians, signage, curb and gutter and underground utilities, street lights, or any other duty or
<br /> responsibility of the City relating to the public street ar the sunounding property.
<br /> 6. CITY'S RIGHT TO PERFORM MAINTENANCE; FORMATION OF SPECIAL
<br /> DISTRICT. If the Owner does not repair, periodically inspect, maintain, care for and, if and when
<br /> necessary, replace the Maintenance Area Improvements on and about the Property in the manner set forth
<br /> herein, the City shall have the right to maintain, repair, periodically inspect, care for, and replace such
<br /> Improvements, or to contract for the correction of such deficiencies, after written notice to the Owner.
<br /> The City may, at its option, form a utility district to levy assessments against the Property to pay for the
<br /> costs of curing and correcting such deficiencies.
<br /> a. Notice to Owner. Prior to taking any such corrective action, the City agrees to
<br /> notify the Owner in writing if the condition of said Improvements does not conform to the standards and
<br /> requirements set forth herein, including without limitation the Maintenance Standards, and to specify the
<br /> deficiencies and the actions required to be taken by the Owner to cure the deficiencies. Upon notification
<br /> of any deficiency, the Owner shall have thirty (30) days within which to correct, remedy or cure the
<br /> deficiency. If the written notification states that the problem is urgent and relates to the public health and
<br /> safety,then the Owner shall have twenty-four(24)hours to rectify the problem.
<br /> b. Lien for Costs of Required Maintenance. In the event that Owner fails to correct,
<br /> remedy, ar cure ar has not commenced correcting, remedying or curing such deficiency after notification
<br /> and after expiration of any applicable cure period, then the City shall have the right to maintain, repair,
<br /> care for and, if and when necessary, replace such Maintenance Area Improvements at the Owner's
<br /> expense. The Owner agrees to pay the City upon demand all charges and costs incurred by the City for
<br /> such maintenance, repair and replacement work. Until so paid, the City shall have a lien on the Site for
<br /> the amount of such charges ar costs, which lien shall be perfected by the recardation of a "Notice of
<br /> Claim of Lien" against the Property. This lien shall affect 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 made subject and
<br /> subordinate to any mortgage or deed of trust made in good faith and for value, recorded as of the date of
<br /> the recordation of the Notice of 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 mortgagee or
<br /> beneficiary thereunder expressly subordinates its interest, of record, to such lien. No lien in favor of the
<br /> City created or claimed hereunder shall in any way defeat, invalidate, or impair the obligation or priority
<br /> of any lease,sublease ar easement unless such instrument is expressly subordinated to such lien.
<br /> c. Legal Action. The City may bring (egal action to collect the sums due as the
<br /> result of expending public monies to maintain, repair and, if and when necessary, replace any
<br /> Maintenance Area Improvements which are the responsibility of the Owner as provided herein. The
<br /> Owner agrees that if the City brings legal action to enforce its rights under this Section 6,the Owner shall
<br /> pay the City all costs incurred by it, including reasonable attorneys' fees and court costs, together with
<br /> interest from the date the City provided notice under Section 6.a, at the rate of seven percent (7°/a) per
<br /> annum.
<br /> ATTY/AGR/2013.006/640 VETERANS LANDSCAPE MAINTENANCE AGREEMENT
<br /> REV:01-08-13 VR
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