|
7.1 .D. - Page 31
<br /> e. All maintenance wark shall conform to all applicable federal and state Occupation
<br /> Safety and Health Act standards and regulations far the perforxnance of maintenance.
<br /> £ Any and all chemicals, unhealthful substances, and pesticides used in and during
<br /> maintenance shall 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 paving,
<br /> medians,signage,curb and gutter and underground utilities,street lights,or any other duty or responsibility
<br /> of the City relating to the public street ar the surrounding property.
<br /> 6. FORMATION OF SPECIAL DISTRICT. The City may, at its option, form an
<br /> improvement district,which includes the Properly,to pay far the cost of maintaining the Improvements (as
<br /> well as other public improvements in the surrounding areas). In the event City forms such district, and
<br /> upon the commencement of the district's maintenance responsibilities, Developer shall be automatically,
<br /> and without the need for further action, relieved of all obligations under this Agreement(provided that the
<br /> Developer is a contributing member of the district). At Developer's request, the City shall execute such
<br /> documentation required to remove this Agreement as a matter of record on the Property.
<br /> 7. CITY'S RIGHT TO PERFORM MAINTENANCE. Subject to notice and cure provisions
<br /> set forth below and provided the City has not formed an improvement district that includes the Property, if
<br /> the Developer does not repair,periodically inspect, maintain, care for and, if and when necessary, replace
<br /> the Improvements on and about the Maintenance Area in the manner set forth herein, the City shall have
<br /> the right to maintain, repair, periodically inspect, care for, and replace such Improvements, ar to contract
<br /> far the correction of such deficiencies, after written notice to the Developer. The City may, at its option,
<br /> forxn a utility district to levy assessments against the Property to pay far the costs of curing and correcting
<br /> such deficiencies.
<br /> a. Notice to Develover. Priar to taking any such corrective action,the City agrees to
<br /> notify the Developer in writing if the condition of said Improvements does not conform to the standards
<br /> and requirements set forth herein, including without limitation the Maintenance Standards, and to specify
<br /> the deficiencies and the actions required to be taken by the Developer to cure the deficiencies. Upon
<br /> notification of any deficiency,the Developer shall have thirty(30) days within which to correct,remedy or
<br /> cure the deficiency, or commence to cure such deficiency as provided in Section 12 below. If the written
<br /> notification states that the problem is urgent and relates to the public health and safety,then the Developer
<br /> shall have twenty-four(24)hours to rectify the problem.
<br /> b. Lien for Costs of Required Maintenance. In the event that Developer fails to
<br /> correct, remedy, or cure or has not commenced correcting, remedying or curing such deficiency after
<br /> notification and after expiration of any applicable cure period,then the City shall have the right to maintain,
<br /> repair, care for and, if and when necessary, replace such Improvements at the Developer's expense. The
<br /> Developer agrees to pay the City upon demand all reasonable charges and costs incurred by the City for
<br /> such maintenance,repair and replacement wark. Until so paid,the City shall have a lien on the Site far the
<br /> amount of such charges or costs, which lien shall be perfected by the recordation of a "1Votice of Claim of
<br /> Lien" against the Property. Any lien in favor of the City created or claimed hereunder is expressly made
<br /> subject and subordinate to any mortgage or deed of trust made in good faith and for value, recorded as of
<br /> the date of the recordation of the Notice of Claim of Lien, and no such lien shall in any way defeat,
<br /> invalidate, or impair the obligation or priority of any such mortgage or deed of trust, unless the mortgagee
<br /> or beneficiary thereunder expressly subordinates its interest, of record,to such lien. No lien in favor of the
<br /> ATN/AGR/2013.219/LANDSCAPE MAINTAGR 601 MAIN STREET
<br /> REV: 11-12-13 VR
<br /> Page 3 of 12
<br />
|