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Improvements") to be maintained in a safe condition according to reasonable street <br />and public right-of-way maintenance standards as set forth by the City. The costs of <br />such maintenance shall be exclusively borne by Developer. Such Developer Maintained <br />Improvements shall include, but are not limited to the following: <br />a. Keeping the Developer Maintenance Area free from debris and obstructions; <br />b. Repairing damage to the Developer Maintenance Areas due to the elements <br />and ordinary wear; <br />c. Replacing as needed the enhanced paving and decorative surfaces within the <br />Developer Maintenance Area. <br />d. Maintaining concrete landings and other structural elements within the ROW <br />that extend out from the Condominium Buildings located on the Developer <br />Property. <br />e. Removal of graffiti from enhanced paving and decorative surfaces, and <br />restoration of enhanced paving and decorative surfaces to previous (pre -graffiti) <br />condition. Removal and restoration must happen within 72 hours of being <br />notified by the City. <br />f. Maintenance of the trees and landscaping within that portion of Cabrillo Park <br />Drive shown on Exhibit "B". <br />g. Installing, maintaining and replacing tree grates for right-of-way street trees, <br />and planting, maintaining and replacing street trees that are surrounded by the <br />tree grates installed by Developer. Street trees must be approved by the City. <br />2. City Responsibility. Curb ramp, curb and gutter, graffiti removal, and weed abatement <br />within the ROW shall be the responsibility of the City and the cost of such maintenance <br />shall be borne by the City. The City shall be responsible for the maintenance of all street <br />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 any <br />structure or conduct any activity or otherwise cause or permit any activity or situation <br />to exist 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 />