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a. Keeping the Developer Maintenance Area free from debris and obstructions; <br />b. Repairing damage to the Developer Maintenance Area due to the elements and <br />ordinary wear; <br />c. Replacing as needed the enhanced paving and decorative surfaces within the Developer <br />Maintenance Area. <br />d. Maintaining concrete landings and other structural elements within the ROW that <br />extend out from the Condominium Buildings located on the Developer Property. <br />e. Removal of graffiti from enhanced paving and decorative surfaces, and restoration of <br />enhanced paving and decorative surfaces to previous (pre-graffiti) condition. Removal <br />and restoration must happen within 72 hours of being notified by the City. <br />2. City Responsibility. Curb ramp, curb and gutter, graffiti removal, weed abatement, and <br />street trees within the wells, within the ROW shall be the responsibility of the City and <br />the cost of such maintenance shall be borne by the City. The City shall be responsible for <br />the maintenance of all street lights located in the ROW. <br />NOTE: The City is not responsible for removal of graffiti from enhanced paving and <br />decorative surfaces, nor restoration of enhanced paving and decorative surfaces, <br />3. Termination of Developer Maintenance Obligation. Developer shall have the ongoing <br />maintenance obligation of the Developer Maintenance Areas and the Developer <br />Maintained Improvements therein, until such time as the City, in its sole and absolute <br />discretion, elects to maintain such area at which time the ROW shall no longer <br />constitute a part of the Developer Maintenance Area. In such event, the City shall <br />provide a notice of termination of the Developer Maintenance Areas and the Developer <br />Maintained Improvements in writing to Developer. <br />4. Use of ROW. The parties agree that neither they nor any successor may erect a structure <br />or conduct any activity or otherwise cause or permit any activity or situation to exist <br />which will unreasonably inhibit or impair the use of the ROW described in this <br />Agreement. The ROW shall be accessible by the general public. <br />5. Right of City to Remedy Failure of Maintenance Obligation. If Developer fails to comply <br />with the provisions of this Agreement, including any failure to maintain the Developer <br />Maintenance Areas and/or the Developer Maintained Improvements, as set forth <br />above, then the City may deliver written notice to Developer identifying the specific <br />defects regarding the maintenance of the Developer Maintenance Areas or Developer <br />Maintained Improvements. Developer shall have fifteen (15) days to correct the City's <br />concerns. Notice provided by the City shall specify the date Developer must remedy the <br />City's concerns in order to avoid action by the City. If the City determines a hazardous <br />situation exists which must be remedied immediately ("emergency situation"), then the <br />City will provide written notice to Developer specifying the emergency situation must be <br />remedied within twenty-four (24) hours. <br />If after notice from the City, Developer fails to correct the specific defects <br />identified in the City's notice within the specified time period, the City shall have the <br />right to remedy the defects. Developer hereby grants the City, or its assignees the right <br />of access, ingress and egress upon and across the Developer Maintenance Area as may