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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 is restricted to pedestrian and lighting and shall include
<br /> prompt replacement of inoperable light bulbs, repair and replacement of damaged light fixtures and
<br /> timely payment of electrical costs to Pacific Gas and Electric. Such obligation does not extend to public
<br /> street lights.
<br /> e. AIl 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 /> f. Any and a11 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. CTTY'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. Subject to notice and cure provisions set forth below and provided the City has not formed
<br /> an improvement district that includes the Property, if the Developer does not repair,periodically inspect,
<br /> maintain, care for and,if and when necessary,replace the Improvements on and about the Property in the
<br /> manner set forth herein,the City shall have the right to maintain,repair,periodically inspect,care for,and
<br /> replace such Improvements, or to contract for the correction of such deficiencies, after written notice to
<br /> the Developer. The City may,at its option, form a utility district to levy assessments against the Property
<br /> to pay for the costs of curing and conecting 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, or commence to cure the deficiency as provided in Section 12 below. If
<br /> the written notification states that the problem is urgent and relates to the public health and safety, then
<br /> the Developer shall have twenty-four(24)hours to rectify the problem or if the problem is not susceptible
<br /> to remedy or cure within such 24 hour period, Developer shall commence such remedy or cure within
<br /> such 24 hour period and proceed diligently to completion.
<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 expira.tion 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 reasonable charges and costs incurred by
<br /> the City for such maintenance, repair and replacement work. Until so paid,the City shall have a lien on
<br /> the Site for the amount of such charges or costs, which lien shall be perfected by the recordation of a
<br /> "Notice of Claim of Lien"against the Property. This lien shall affect all parcels jointly if portions of the
<br /> Property have been sold. 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 /> ATfY/AGR/2014.033/INDIGO 525 MIDDLEFIELD—LANDSCAPE AGREEMENT
<br /> REV:03-14-14 VR
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<br /> ATTY/AGR.2014.033/Indigo 525 Middlefield-Landscape Agreement
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