RDA Reso 2000-006 - Laserfiche WebLink

Home

4. Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access. 5. The Phase 1 Improvements shall be maintained in conformance and in compliance with the approved construction and architectural plans and design scheme, as the same may be amended from time to time with the approval of the City (and Agency, if such approval is required) and reasonable commercial development maintenance standards for similar projects, including but not limited to: painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. 6. The Phase 1 Improvements and any other improvements undertaken on the Property and/or on the Adjacent City Property shall be maintained in good condition and in accordance with the custom and practice generally applicable to comparable first- class office facilities located within Alameda County, California. The public right-of-way improvements to the curbline(s) shall be maintained in good condition and in accordance with the custom and practice generally applicable to public rights -of -way within the City of San Leandro, California. (f) Failure to Maintain Improvements. In the event Developer does not maintain the Adjacent City Property Improvements and/or the private improvements and the public improvements or the Property to the curbline(s) in the manner set forth herein and in accordance with the Maintenance Standards, Agency and/or City shall have the right to maintain such private and/or public improvements, or to contract for the correction of such deficiencies, after written notice to Developer. However, prior to taking any such action, Agency agrees to notify Developer in writing if the condition of said improvements does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Developer to cure the deficiencies. Upon notification of any maintenance deficiency, Developer shall have thirty (30) days within which to commence to cure, and shall thereafter diligently prosecute the cure to completion; excepting only that if the written notification states the problem is urgent relating to the public health and safety of the City or the Agency, and such problem is capable of being rectified in such period of time, then Developer shall have forty-eight (48) hours to rectify the problem. In the event Developer fails to correct, remedy, or cure or has not commenced correcting, remedying or curing such maintenance deficiency after notification and after the period of correction has lapsed, then City and/or Agency shall have the right to maintain such improvements. Developer agrees to pay Agency such charges and costs. Until so paid, the Agency shall have a lien on the Property for the amount of such charges or costs, which lien shall be perfected by the recordation of a "Notice of Claim of Lien" against the Property. Upon recordation of a Notice of a Claim of Lien against the Property, such lien shall constitute a lien on the fee estate in and to the Property prior and superior to all other monetary liens except: (i) all taxes, bonds, assessments, and other levies which, by law, would be superior thereto; (ii) the lien or charge of any mortgage, deed of trust, or other security interest then of record made in good faith and for value, it being understood that the priority of any such lien for costs incurred to comply with this Agreement shall date from the date of the recordation of the Notice of Claim of Lien. Any such lien shall be subject and subordinate to any lease or sublease of the interest of Developer in the Property or any portion thereof and to any easement affecting the Property or any portion thereof entered into at any time (either before or after) 16 DOCS00701700v 6\2425 8.0001 Gam' �.+-, •.