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d. Lighting maintenance shall include prompt replacement of inoper�ble light buibs,
<br /> repair and replacement of damaged light fixtures and timely payment of electrical costs to Pacific Gas�nd
<br /> Electric.
<br /> e. All maintenance work shall confonn to �11 applicable fuieral and state
<br /> Occupation Safety and Health Act standards and regulations for the perforniance of maintenance.
<br /> f. Any and�11 chemicals,unhealthful substance�,and pesticides used in and during
<br /> maintenance sha11 be applied in strict accordance with all governmental requirements. Precautionary
<br /> measures shall be employed recognizing that�11 areas are cigen to public�ccess.
<br /> 5. C�TI"S RESPONSIBILITIES. Nothing contained herein shall limit t� City's
<br /> responsibility to tnaintain the structural integrity of the public streets, including �sphalt 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 suirounding property.
<br /> 6. CITY'S RIGHT T4 PERFORM MAINT�NANCE: FORMATION OF SPECI�L
<br /> DISTRICT. If the Developer dces not repair, periodically inspect, maint�in, care for and, if and when
<br /> necessary, replace the Improvements on and about the Property in the manner set forth l�erein, the City
<br /> shall have the right to maintain, repair,periodically insp�ct, care for, and replace such Improvements, or
<br /> to contract for the cortection of such dsficiencies,after written notice to the Developer. 'The City t�y,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 defieiencies.
<br /> a. NQtice to Develo�r. Prior to taking any such corrective action,the City agrees
<br /> to notify the Developer in wriring if the condition of s�id Improvements dces not ccmform to the
<br /> standards and requirements set forth herein,including without limitarion the Msintcnance Standatds,end
<br /> to specify the deficiencies and the�ctians required to be taken by the Developer to cure tbe deficiencies.
<br /> Upon notific�tion of any deficiency, the Developer shall have thirty (30) days within which to cornct,
<br /> remedy or cure the deficiency. ff the written notification states that the problem is ur$eut and relabcs to
<br /> the public health and safety,then the Developer shall have twenty-four(24)hours to rectify the pmbl�m.
<br /> b. �.ien for Costs of Reauired Maintenance. In the event th�t Developer fails to
<br /> correct, remedy, or cure or h�s 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 st the Develc�er's
<br /> expense. The Develaper 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,tt�e 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"�gainst the Pmperty. This lien shall affect all parcels jointly if portions of the Proptrty
<br /> have been sold. Any lien in favor of the City created or claimed hereunder is expressly m�de�ubject and
<br /> subordinate to any mortgage or deed of trust made in good faith�nd for value,recorded�s of tbe date of
<br /> the recordation of the Notice of Claim of Lien, �nd no such lien shall in any way defeat, invalidate, or
<br /> impair the obligation or priority of any such mortgage or deed of mzst, unless the mortg�gee or
<br /> beneficiary thereunder expressly subordinates its interest,of record,to such lien. No lien in favor of the
<br /> City created or clairned hereunder shall in any way defeat,invalidate,or impair the obligation or pricxity
<br /> of�ny lease,sublease or easement unless such instrument is expressly subordinated to such lien.
<br /> c. �.,egal Action. The City may bring legai action to collect the sums due as the
<br /> result of expending pubiic monies to maintain, repair �nd, if �nd when necossary, replace any
<br /> Improvements which �re the responsibility of the Developer$s provided herein. The Developer agi�ees
<br /> ATTY/AGRi2014.03?lONE MARINA FINAL PHASE—IANDSCAPE AGREEA�NT
<br /> i�V:03-1414 VR
<br /> Paye 3 a(7
<br /> ATTY/AGR.2014.032fOne Marina Final Phase-Landsc�pe/1gr�ement
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