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and view of intersecting streets are not obstructed. The Association shall. at no expense to the City, install, maintain, repair. and replace. where necessary, such irrigation systems as are required to provide adequate irrigation in compliance with water conservation practices. 2. Financial Responsibility for Maintenance. The Association agrees to assume all financial responsibility for maintenance of the Landscaped Areas. 3. Balance of Lighting and Landscape District Funds. Since 1995, property owners within the Laguna Oaks Planned Unit Development have been paying annual assessments to the Laguna Oaks Lighting and Landscape District 1995 -2 for maintenance of the Landscaped Areas. At this time, the District fund has a balance of approximately 33, 04 1. Since the funds were paid by the property owners, who are also members of the Association, the City has determined that it is appropriate to transfer the balance of the fund to the Association for its use in maintaining the Landscaped Areas. Such transfer shall occur within thirty (30) days of the date of this Agreement. The City shall have the right, from time to time, to request access to the accounts maintained by the Association relating to maintenance of the Landscaped Areas to ensure that the transferred funds are being used for the designated purpose. 4. Remedies for Failure to Perform. If, in the reasonable judgment of the City Engineer. the Association has failed to properly maintain the Landscaped Areas as required by this Agreement, the City may perform such maintenance, at its option. after thirty (30) days prior written notice to the Association of such failure to maintain, which notice shall be sent by certified mail, return receipt requested, to: Laguna Oaks Pleasanton Owners Association 140 Mayhew Way, #700 Pleasanton Hill, CA 94523 or to such other address as the Association may advise the City in writing. Notices required hereunder shall be deemed effective upon receipt. In such event, the City's performance of such maintenance shall be at the Association's sole expense and the Association, upon demand by the City, shall pay to the City all reasonable expenses incurred by the City in the performance of such maintenance. The City's remedy provided in this paragraph shall be in addition to any other rights and remedies the City may have at law or in equity. If any maintenance, repair, or replacement of landscaping needs immediate correction as a result of a public safety or health hazard, as reasonably determined by the City Engineer, and such maintenance is not performed, or 2