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<br /> 6.1.F. - Page 4
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<br /> 2. �MPROVEMENTS AS A BENEFIT. The 4wner agrees that the Improvements will �
<br /> ma�erially beneflt tlae Properry and �hat Owner's maintenance, repa�r, safe operation and, if and when
<br /> necessary, replacarnent the��eof in accordance with �his Agreemen� is necessa�y for approval of the
<br /> Owner's Building Permit.
<br /> 3. OWNER'S RESPONSTBILITIES. Owner, at its sole expez�e, shall maintain, safely
<br /> operate, periodically inspect, repair, resur£ace and, if and when neeessary, replace the T�zprovements �
<br /> identified in Exhibit"B", as well as perform all necessary service on maintenance equipment, in order ta '
<br /> ensure the attractive and healthy appearat�ce of the roadway, candition and safety o£ any and all
<br /> structures, and#he efficis:nt operation of all of�he Improvements, all in accordance with the Maintenance i
<br /> Stan:dards described in Section 4 below, atzd industry and City standards applicable to siznilar
<br /> improvements. �
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<br /> �. MAINTENANCE STANllARDS. The following standards {collecti�vely, "Maintenance I
<br /> �tandards")shall be complied with by Owner and i#s�naintenance staff, con�ractors and subcontractors i n
<br /> connection with the req�ired maintenance of the Improvements: I
<br /> a. The rmprovements sha.(1 be maintained in compliance witl� the Plans, in good I
<br /> condition, and in accordance wzth the custom ac�d practice generally applicabla to priva�e s�eets within
<br /> filie City of Redwoad City,except as otherwise provided in the i'1ans. �
<br /> b. Maintenar�ce shall inc�ude, but not be limited to: repai�, removal and ,
<br /> replacement, as needed, o� all roadway, curb and gutter irnproverrxents; and protecting the struct�xral �
<br /> integrity of the roadway,including curb,gutter and asphalt paving. �
<br /> c. All ma.intenance wark sha1l conf'arm to all appiicable fedexal and state !
<br /> Oceupatian Safety and Heal�h Act standards and regulations far t�aa performance of maintenance. �
<br /> d. Any and all chemicals,unhealtlaful substances, and pesticides used.in at�d during �
<br /> maintenance sha1J be applied in strict accordance with al1 governmental xequirements. Precautionary �
<br /> naeasures shall be emplayed recognizing tt�at al�areas are open to public access.
<br /> 5. CiTY'S RESPONSIBII�iTTES. Nothing cantained herein sk�all Iimit the City's �
<br /> responsibiIity�o maintain the City-owned underg��ound utilities.
<br /> 6. CITY'S RIGHT TO PERFORM MAINTENANCE• FORMATION OF SPECIAL i
<br /> DiSTRICT. If the Owner does not �•epair, periodically inspect, mainYain, care for and, if and when I
<br /> necessa�y, replace the Itnprovements on and about the Properly in the rnanner set forth herein, the City
<br /> shall have tha�ght to maintain, repair;perioctically inspect, care fox, and replace such Improvements, or �
<br /> to contract for the correction of such defzczenczes, af�er written notice to the Owner, The City n�ay,at its �
<br /> opt�on, form a t�tility district to levy assessments against ttae Properly to pay for the costs of curing and
<br /> correating such deficiencies.
<br /> a. Notice to Owner. Prior to taking any such cor�ective actzon, the City agrees to �
<br /> notify the Owner in vvriting if the condition o�'said Tznprovaments does not conform to the s#andards an.d
<br /> requirements set forth herein, including witho�t limitation the Maintenance Standards,and to specify the `
<br /> deficienoies and the actzons raq�ired to be taken by the Owner to cure the d.eficieneies. Upon notifieation �
<br /> of any deficiency, the Owner shall have tl�irty (30) days within which �o correet, remedy or cure ti�e ;
<br /> deficiency. If the vvxitten notification states that the problem is urgent and relates to the public health and �
<br /> safety,then the Owner shall have tweniy-four(24)hou�s to rectify the problem. i
<br /> Al-TYlAGR12013.0�1513718 LAIJREL WAY MAINTENANCE AGREENiENT I
<br /> REV:07-29-13 VR �
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