RES 85368 - Laserfiche WebLink

K008-974 07.31.85 realestl-724 Section 9. SUBSEQUENT FORMATION OF PROPERTY OWNERS' ASSOCIATION In the event Bernal Park is subdivided and a property owners' association is formed, said association having sufficient power to properly manage and maintain the areas described herein as determined by the City Attorney upon review of the CC&Rs pursuant to condition No. 37 of Ordinance No. 975, Bernal may delegate to the property owners' association, after giving notice in writing to the City Engineer, all or some of the obligations for maintenance contained herein. Section 10. FAILURE TO PERFORM OBLIGATIONS 10.1 Ordinary Maintenance. If, in the reasonable judgment of the City Engineer, Bernal fails to undertake any maintenance as required by this agreement, the City may perform at its option, after thirty (30) days written notice to Bernal, all or any portion of such maintenance. In such event, the City's performance of such maintenance shall be at Bernal's sole expense and Bernal, upon demand by the City, shall pay to the City within thirty (30) days of receipt of an itemized statement of the charges, all reasonable expenses incurred by the City in the performance of such maintenance, plus ten percent (10%) simple interest from the date thirty (30) days after receipt of the City's demand. 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. 10.2 Emerqency Maintenance. If any maintenance, repair, or replacement of landscaping, street lighting, streets, or other public improvements to be maintained by Bernal 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 Bernal 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 Bernal's sole expense and Bernalo upon demand by the City, shall pay to the City all reasonable expenses incurred by the City in the performance of such maintenance pursuant to subsection 10.1 above. Section 11. TERM This agreement shall terminate on December 31, 2035, if not sooner terminated by the mutual agreement of the parties hereto. Prior to termination, provision for the continued maintenance, as required herein, by the property owners within Bernal Park shall be made, through a 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. -8-