RecDoc 2013-065241 LMA Elan 145 Monroe

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. , d. Lighting maintenance shall include prompt replacement of inoperable light bulbs, repair and replacement of damaged light fixtures and timely payment of electrical costs to Pacific Gas and Electric. e. All maintenance work shall conform to all applicable federal and state Occupation Safety and Health Act standards and regulations for the performance of maintenance. f. Any and all chemicals,unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governmental requirements. Precautionary measures shall be employed recognizing that all areas are open to public access. 5. CITY'S RESPONSIBILITIES. Nothing contained herein shall limit the City's responsibility to maintain the structural integrity of the public streets, including asphalt and concrete paving, medians, signage, curb and gutter and underground utilities, street lights, or any other duty or responsibility of the City relating to the public street or the surrounding property. 6. CITY'S RIGHT TO PERFORM MAINTENANCE; FORMATION OF SPECIAL DISTRICT. If the Developer does not repair, periodically inspect, maintain, care for and, if and when necessary, replace the Improvements on and about the Property in the manner set forth herein, the City shall have the right to maintain, repair, periodically inspect, care for, and replace such Improvements, or to contract for the correction of such deficiencies, after written notice to the Developer. The City may, at its option, form a utility district to levy assessments against the Properiy to pay for the costs of curing and conecting such deficiencies. a. Notice to Developer. Prior to taking any such corrective action, the City agrees to notify the Developer in writing if the condition of said Improvements does not conform to the standards and requirements set forth herein, including without limitation the Maintenance Standards, and to specify the deficiencies and the actions required to be taken by the Developer to cure the deficiencies. Upon notification of any deficiency, the Developer shall have sixty (60) days within which to correct, remedy or cure the deficiency. If the written notification states that the problem is urgent and relates to the public health and safety,then the Developer shall have twenty-four(24)hours to rectify the problem. b. Lien for Costs of Reauired Maintenance. In the event that Developer fails to correct, remedy, or cure or has not commenced correcting, remedying or curing such deficiency after notification and after expiration of any applicable cure period, then the City shall have the right to maintain, repair, care for and, if and when necessary, replace such Improvements at the Developer's expense. The Developer agrees to pay the City upon demand all charges and costs reasonably incurred by the City for such maintenance, repair and replacement work. Until so paid,the City shall have a lien on the Site for the amount of such charges or costs, which lien shall be perfected by the recordation of a "Notice of Claim of Lien" against the Property. This lien shall affect all parcels jointly if portions of the Property have been sold. Any lien in favor of the City created or claimed hereunder is expressly made subject and subordinate to any mortgage or deed of trust made in good faith and for value,recorded as of the date of the recordation of the Notice of Claim of Lien, and no such lien shall in any way defeat, invalidate,or impair the obligation or priority of any such mortgage or deed of trust,unless the mortgagee ATfY/AGR/2013.040/ELAN(145 MONROE)LANDSCAPE MAINTENANCE AGREEMENT REV:03-28-13 VR Page 3 of 8