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Improvements. City shall use its good faith efforts to maintain the Detention Basin <br />Improvements in accordance with the Budget. Except for the first Budget, each Budget shall be <br />based on the prior year's expenses, taking into account the anticipated increases to such amounts. <br />(iv) Payment. Each Owner shall pay to City in equal quarterly <br />payments on or before the first day of each calendar quarter, its Proportionate Share of the <br />Detention Basin Maintenance Costs allocable to such Owner's Lot based upon the amount set <br />forth in the current Budget. Within approximately ninety (90) days after the end of each <br />calendar year, City shall provide each Owner with a statement certified by an appropriate <br />representative of City, setting forth the actual Detention Basin Maintenance Costs paid by each <br />Owner, and such Owner's Proportionate Share of the aggregate thereof. If the amount paid by an <br />Owner for such calendar year shall have exceeded its Proportionate Share, City shall refund the <br />excess to such Owner on delivery of such annual statement, or if the amount paid by an Owner <br />for such calendar year shall be less than its Proportionate Share, such Owner shall pay the <br />balance of its Proportionate Share to City within thirty (30) days after receipt of such annual <br />statement. if any Owner fails to pay such amounts when due, such amounts shall bear interest at <br />the Default Interest Rate. <br />ARTICLE 4 <br />MAINTENANCE OF NEIGHBORHOOD PARK <br />From and after City's acceptance of the Neighborhood Park Improvements, City <br />(including its successors and assigns as to Lot 4), shall maintain, or cause to be maintained, at <br />City's sole cost and expense, the Neighborhood Park Improvements in good and operating <br />condition consistent with the City's park maintenance standards. <br />City's maintenance obligations pursuant to this Article 4, without limitation, is to <br />maintain the Neighborhood Park in a manner that does not impede the operation of the Detention <br />Basin Improvements. This obligation shall include the prevention and removal of any debris <br />from gaining access into any drainage system or storm water runoff system. <br />ARTICLE 5 <br />OWNERS' DEFAULT; REMEDIES ON DEFAULT <br />5.1 Defaults Under Sections 3.1 and 3.2; County's Rights and Remedies. If any <br />Owner (a "Defaulting Owner ") fails to pay when due any amount(s) pursuant to Sections 3.1 <br />and/or 3.2 of this Declaration, then in addition to any other remedy provided for in this <br />Declaration and provided by California law, County shall demand by written notice (the <br />"County Default Notice ") that the default be cured. If the Defaulting Owner does not cure the <br />default within thirty (30) days after receipt of the County Default Notice, County shall pay any <br />sum owed by the Defaulting Owner. The Defaulting Owner shall, within ten (10) days of <br />written demand by County, reimburse County for the sum or sums paid by County, together <br />with the Late Charge and interest thereon at the rate equal to the Default Interest Rate, from the <br />date such sums were advanced by County. County is considered as a "Creditor Owner" for the <br />purposes of Section 6.3. <br />A -1 -5 <br />000299,0044\I 09 3 3 3 7.6 <br />