|
clear of dirt,mud,trash,debris or other matter which is unsafe or unsightly;removal of all trash,litter and
<br /> other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas
<br /> maintained prior to the end of the day on which the maintenance operations are performed to ensure that
<br /> all cuttings,weeds,leaves and other debris are properly disposed of by maintenance workers.
<br /> d. Lighting maintenance shall include prompt replacement of inoperable light bulbs,
<br /> repair and replacement of damaged light fixtures and timely payment of electrical costs to Pacific Gas and
<br /> Electric.
<br /> e. All maintenance work shall conform to all applicable federal and state
<br /> Occupation Safety and Health Act standards and regulations for the performance 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
<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 or the surrounding property.
<br /> 6. CITY'S RIGHT TO PERFORM MAINTENANCE; FORMATION OF SPECIAL
<br /> DISTRICT. If the Developer does not repair, periodically inspect, maintain, care for and, if and when
<br /> necessary, replace the Improvements on and about the Property in the manner set forth herein, the City
<br /> shall have the right to maintain, repair, periodically inspect, care for, and replace such Improvements, or
<br /> to contract for the correction of such deficiencies, after written notice to the Developer. The City may, at
<br /> its option, form a utility district to levy assessments against the Property to pay for the costs of curing and
<br /> correcting such deficiencies.
<br /> a. Notice to Developer. Prior to taking any such corrective action, the City agrees
<br /> to notify the Developer in writing if the condition of said Improvements does not conform to the
<br /> standards and requirements set forth herein, including without limitation the Maintenance Standards, and
<br /> to specify the deficiencies and the actions required to be taken by the Developer to cure the deficiencies.
<br /> Upon notification of any deficiency, the Developer shall have thirty (30) days within which to correct,
<br /> remedy or cure the deficiency. If the written notification states that the problem is urgent and relates to
<br /> the public health and safety,then the Developer 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
<br /> maintain, repair, care for and, if and when necessary, replace such Improvements at the Developer's
<br /> expense. The Developer agrees to pay the City upon demand all charges and costs incurred by the City
<br /> for such maintenance, repair and replacement work. Until so paid, the City shall have a lien on the Site
<br /> for the amount of such charges or 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 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 /> ATTY/AGR/2013.048/LANDSCAPE MAINTENANCE AGREEMENT-ONE MARINA-BAIR ISLAND RD PHASE 2
<br /> REV:04-02-13 VR
<br /> Page 3 of 9
<br />
|