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5. Common areas. The residents shall create a three person resident maintenance <br />committee. The Park Owner should meet monthly with the resident maintenance <br />committee (unless the committee determines to meet less frequently) to discuss the <br />maintenance of the common areas and the proposed scope of maintenance work that the <br />Park Owner intends to perform in the next 30 to 60 days. The Park Owner and the <br />committee will try to reach consensus on these issues. <br /> <br />The Park Owner, after consultation with a resident maintenance committee, shall prune <br />trees within the common area annually. The Park Owner shall maintain all plantings and <br />landscaping in the common area in a healthy, attractive and reasonably weed fmc <br />condition, using generally accepted methods of cultivation to ensure reasonably normal, <br />healthy plant growth. Maintenance shall include replacement of plantings, when <br />necessary (including alternative plantings and landscaping), and all ordinary and usual <br />care including, not but limited to, irrigation, fertilization, pest and disease control, <br />weeding, rotation of plantings and removal of trimmings, rubbish, debris and other solid <br />waste. The Park Owner shall install, maintain, repair, and replace, where necessary, such <br />irrigation systems as are required to provide adequate irrigation to the common areas. <br />The Park Owner shall sweep streets between October 1 and December 31 as needed and <br />shall maintain the park streets, including spraying to kill weeds that grow in the streets' <br />cracks. The Park Owner annually shall clean all street lamps. <br /> <br />If, in the committee's view, the Park Owner falls to properly maintain the common area <br />as provided by these Standards, it will notify the Park Owner and identify what the <br />committee believes needs attention. If the Park Owner fails to respond in a satisfactory <br />way within a reasonable time, the committee may notify the City. The City shall make its <br />own determination whether the Park Owner has failed to maintain the common areas as <br />provided in these Standards and if, in the reasonable judgment of the City, the Park <br />Owner has failed to properly maintain the common areas, City may perform such <br />maintenance, at is option, after providing reasonable notice to the Park Owner. In such <br />event, the City's performance of such maintenance shall be at the Park Owner's sole <br />expense and the Park Owner, upon demand by the City, shall pay City all reasonable <br />expenses incurred by the City in the performance of such maintenance. If there is a <br />dispute between the City and the Park Owner concerning maintenance issues, the parties <br />will employ the Dispute Resolution procedures as set forth in Article III of this <br />Agreement, provided, however, that the City may nevertheless cause the work to be done <br />pending resolution of the dispute with reimbursement to be made to the City upon a <br />finding by the arbitrator that the Park Owner is responsible for such payment. <br /> <br />The Park Owner and the resident maintenance committee will work with any Resident <br />whose space is not being maintained properly as provided in the Park's Rules and <br />Regulations. <br /> <br /> <br />