RES 88405 - Laserfiche WebLink

ARTICLE 8 FAILURE TO PERFORM OBLIGATIONS 8.1 Ordinary Maintenance. If, in the reasonable judgment of the City Engineer, the Association fails to properly maintain any landscaping, street lighting, or other public improvements as required by this agreement, the City may perform at its option, after thirty (30) days written notice to the Association, all or any portion of such maintenance. 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 article shall be in addition to any other rights and remedies the City may have at law or in equity. 8.2 Emergency Maintenance. If any maintenance, repair, or replacement of landscaping, street lighting, or other public improvements to be maintained by the Association under this agreement is required to correct a condition which the City Engineer deems to be a public safety or health hazard and such maintenance is not performed, or cannot be performed, by the Association immediately, the City may perform or cause to be performed such maintenance. 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. ARTICLE 9 TERM This agreement shall terminate on December 31, 2039, if not sooner terminated pursuant to Section 6.3 or by the mutual agreement of the parties hereto. Prior to termination, provision for the continued maintenance, as required herein, by the property owners within Hacienda Business Park shall be made, through new agreement with a reconstituted association, formation of a maintenance district, or such other means as will provide said maintenance at no cost to the City. 13