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7.1.L. - Page 24
<br /> e. All maintenance work shall conform to all applicable federal and state Occupation
<br /> Safety and Health Act standards and regulations for the performance of maintenance.
<br /> f. 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 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 shall
<br /> have the right to maintain, repair, periodically inspect, care for, and replace such Improvements, or to
<br /> contract for the correction of such deficiencies,after written notice to the Developer. The City may,at its
<br /> 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 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. If the written notification states that the problem is urgent and relates to the public
<br /> 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 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 charges and costs incurred by the City for such
<br /> maintenance, repair and replacement work. Until so paid, the City shall have a lien on the Site for the
<br /> amount of such charges or costs,which lien shall be perfected by the recordation of a"Notice of Claim of
<br /> Lien" against the Property. This lien shall affect all parcels jointly if portions of the Property have been
<br /> sold. Any lien in favor of the City created or claimed hereunder is expressly made subject and subordinate
<br /> to any mortgage or deed of trust made in good faith and for value,recorded as of the date of the recordation
<br /> of the Notice of Claim of Lien,and no such lien shall in any way defeat,invalidate,or impair the obligation
<br /> or priority of any such mortgage or deed of trust,unless the mortgagee or beneficiary thereunder expressly
<br /> subordinates its interest,of record,to such lien. No lien in favor of the City created or claimed hereunder
<br /> shall in any way defeat, invalidate, or impair the obligation or priority of any lease,sublease or easement
<br /> unless such instrument is expressly subordinated to such lien.
<br /> c. Legal Action. The City may bring legal action to collect the sums due as the result
<br /> of expending public monies to maintain, repair and, if and when necessary, replace any Improvements
<br /> which are the responsibility of the Developer as provided herein. The Developer agrees that if the City
<br /> brings legal action to enforce its rights under this Section 6, the Developer shall pay the City all costs
<br /> incurred by it, including attorneys' fees and court costs, together with interest from the date the City
<br /> provided notice under Section 6.a,at the rate of seven percent(7%)per annum.
<br /> ATTYIAGRI2014.086/RWC 1856—755 BREWSTER(MIA)
<br /> REV:06-04-14 VR
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