1901 E. FIRST STREET OWNER LLC -2016

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defects regarding the maintenance of the Developer Maintenance Areas or Developer Maintained Improvements. Developer shall have fifteen (15) days to correct the City's concerns. Notice provided by the City shall specify the date Developer must remedy the City's concerns in order to avoid action by the City. If the City determines a hazardous situation exists which must be remedied immediately ("emergency situation"), then the City will provide written notice to Developer specifying the emergency situation must be remedied within twenty-four (24) hours. If after notice from the City, Developer fails to correct the specific defects identified in the City's notice within the specified time period, the City shall have the right to remedy the defects. Developer hereby grants the City, or its assignees the right of access, ingress and egress upon and across the Developer Maintenance Area as may be necessary to complete such work. The City may retain, as its election its own contractors, or the Developer's contractors, or other third party maintenance company to complete the work. Any costs incurred by the City for maintenance of the Developer Maintenance Area or the Developer Maintained improvements shall be solely borne by the Developer. The City shall provide an invoice for the maintenance cost incurred by the City to Developer. Developer shall remit payment to the City within thirty (30) days from receipt of the invoice. The Parties agree that any maintenance undertaken by the City under this section shall not terminate the maintenance obligation of Developer. 6. Indemnification. Developer hereby covenants and agrees to indemnify, defend, and hold City, its officers, agents, and employees harmless from and against any and all claims, damages (including damage to property and injury to persons), demands, losses, obligations, judgments, liabilities, costs and expenses (including, without limitation, attorneys' and other fees) arising from or in any way connected with or related to any of the following: (i) any claim, lawsuit, arbitration, administrative proceeding or other legal action concerning the operation, maintenance or construction of the Developer Maintenance Area and the Developer Maintained Improvements by Developer and/or its agents and, (ii), any breach by Developer of any of its obligations under this Agreement. 7. Assignment. Developer shall have the right, upon written notification to the City, to assign all of its rights and obligations set forth in this Agreement to the Association defined in the Declaration of Covenants, Conditions and Restrictions for First Street. Developer hereby covenants and warrants for itself and its successors and assigns, that, except as otherwise provided for herein, conveyance of any interest in the Developer Property to the Association shall constitute an assumption by any successors, assigns or transferees of Developer, of the obligations under this Agreement. Upon recording the Declaration for Developer Property, and after assigning Developer's rights and obligations under this Agreement to the Association, the Association shall have all rights and obligations of Developer set forth in this Agreement, and Developer shall thereafter have no further rights, liabilities or obligations under the Agreement and shall be released from all such liability hereunder. The notice shall contain, but is not limited to, the Association's name, telephone number, address, effective date and a recorded copy of this agreement.