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5. Cost of Maintenance of the Landscape Improvements. Declarant shall maintain the Landscape Improvements at its sole cost and expense, except as provided herein. Declarant provides for the maintenance of the Landscape Easement Area by the Association (as herein defined) as a Common Expense pursuant to the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Armstrong Ranch (the "Declaration"), recorded on ., 2003, as Instrument No. ., in the Official Records of Orange County, California. 6. Effect of Agreement on Common Area. The Parties acknowledge and agree that Declarant also provides for maintenance of certain landscaped areas within Declarant's Property which are designated as Common Area in the Declaration. Nothing set forth in this Agreement shall establish standards for the maintenance of the Common Area (except to the extent that the Landscape Easement Area is located within and designated as a part of the Common Area) or shall modify or impair the Declaration with respect to the maintenance and control of the Common Area in accordance with the requirements of the Declaration. . 7. City's Maintenance Obligations. Nothing set forth in this Agreement shall reduce, or otherwise affect, the City's obligation under applicable law to maintain all public streets in the condition required by such law. 8. Declarant's Failure to Maintain the Landscape Improvements. 8.1. Notice Requirement. In the event that Declarant fails to maintain the Landscape Improvements in accordance with the City Standards, as provided herein, City shall have the right to provide such maintenance, through its own personnel or through an appropriate contractor, following written notice to Declarant. In the event the City determines that the condition of the Landscape Improvements does not comply with the City Standards, City shall notify Declarant of such in writing, which notice shall specify in reasonable detail the asserted deficiencies and the actions required to correct such deficiencies. Declarant shall have thirty (30) days (or in the case of an urgent matter involving public safety, two (2) hours) following its receipt of such notice to correct such deficiencies to the reasonable satisfaction of the City or, if such deficiencies are of such a nature that they cannot be corrected within thirty (30) days (or two (2) hours, as the case may be), Declarant shall commence the correction thereof within said thirty (30)-day (or two (2) hour) period and thereafter diligently pursue such correction to completion. 8.2. Performance by City. In the event that Declarant fails to correct any maintenance deficiency after receipt of written notice and within the applicable period, the City shall have the right to per~'orm the maintenance or repair necessary to correct such deficiency. Declarant shall reimburse the City the reasonable cost of such maintenance and/or repair within thirty (30) days after Declarant's receipt of a written invoice accompanied by reasonable backup information. 8.3. Claim of Lien. In the event that City's invoice for the reasonable costs of con:ection of any maintenance deficiency is not paid within thirty-five (35) days, the City, in addition to any other remedy at law or in equity, shall have a lien upon the Landscape Easement Area for the amount of such invoice, which lien shall be perfected by the recordation of a Notice -3- ALR350X30265~000XAGRMT~85800.3 05/01/03