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~ ~ <br />option, after thirty (30) days' prior written notice to BIC and Landscaper of such failure <br />to maintain, which notice shall be sent by certified mail, return receipt requested, to: <br />BIC: Bernal Investment Company, LLC <br />C/o Greenbriar Homes Communities <br />Attn. Corporate Counsel <br />43160 Osgood Road <br />Fremont, CA 94539 <br />Landscaper: New Image Landscape Company <br />3250 Darby Common <br />Fremont, CA 94539 <br />or to such other address as BIC and Landscaper may notify the City in writing. Notices <br />required hereunder shall be deemed effective two (2) days after mailing. In such event, <br />the City's costs for performance of such maintenance shall be covered by the escrow <br />account as set forth above. <br />If any maintenance, repair, or replacement of Facilities needs immediate <br />correction as a result of a public safety or health hazard, as reasonably determined by the <br />City Engineer, and such maintenance is not performed, or cannot be performed, by BIC <br />or Landscaper within twenty-four (24) hours of receipt of such notice thereof, which <br />notice maybe sent by facsimile, the City may perform or cause to be performed such <br />maintenance. In such event, the City's costs for performance of such maintenance shall <br />be covered by the escrow account as set forth above. <br />5. Close of Escrow Account At the end of the five (5) year escrow period <br />set forth above or when Owner or successor owner of the Property takes on that <br />responsibility pursuant to Ordinance No. 1814 ,which ever occurs first, the escrow <br />account at First American Title shall be closed. Any amount remaining in the escrow <br />account at that time shall be returned to BIC unless CITY provides Escrow Holder and <br />BIC with written objection prior to such release. If CITY fails to provide an objection, <br />Escrow Holder shall immediately remit to BIC the amount remaining in the Escrow <br />Account. If CITY provides an objection to the release and the parties to this Agreement <br />are not able to resolve the issues pertaining to the release, the matter shall be referred to <br />Binding Arbitration before JAMS. Notices required hereunder shall be deemed effective <br />two (2) days after mailing. <br />Page 3 of 4 <br />