AgdaPkt 2004-06-21 - Laserfiche WebLink

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� , a � -- .v . 1 �s necessary from time to time to ensure that the Retail Cinema is operated and maintained in a first class condition. b. The City and/or the Agency shall have the right, following notice and an opportunity to cure as provided in this Agreement, and the Developer's failure to cure within the time provided, to enter onto the Project for purposes of correcting any maintenance deficiency under the terms of this Agreement. c. In the event that the City and/or the Agency performs any work as provided in the foregoing subsection, the reasonable charges or costs incurred by the City and/or the Agency in performing such work shall be the obligation of the Developer. If the Developer fails or refuses to pay the amount thereof within ten (10) days of the date of receiving written notice from the City and/or the Agency specifying the work preformed and indicating the charges or costs associated therewith, the City and/or the Agency may record a Notice of Claim of Lien against Parcel A, which shall constitute a lien on the fee estate in and to Parcel A, prior and superior to all other monetary liens, except (i) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (ii) the lien or charge of any mortgage, deed of trust or other security interest then of record made in good faith and for value, it being agreed that the priority of any such lien for costs incurred to comply with this Agreement shall date from the recordation of the Notice of Claim of Lien. Any such lien shall be subordinate and subject to any lease or sublease of an interest in the Retail Cinema, or any portion thereof, and to any easement affecting the Project, or any portion thereof, entered into at any time, before or after the date of recordation of any such Notice of Claim of Lien. d. In performing any of the work required or permitted in this section, the Developer shall (i) take all measures reasonably required to protect the City and/or the Agency, or their respective property from injury or damage arising from the work or the entry in or on any easement granted hereunder, (ii) perform any work at a time, for a duration and in such a manner so as not to unreasonably impair or interfere with the development, construction, use, occupancy, operation of or ingress to and egress from the Public Parking Facility, (iii) undertake all reasonable efforts and utilize all reasonable diligence so that the period of construction or work affecting the property of the City and/or the Agency is as short as reasonably practicable (without incurring obligations for payment of oveRime or premium unless reasonably necessary to prevent material disruption or material inconvenience to the other party), (iv) do all things reasonably necessary and proper in accordance with the building construction industry standards in the City to keep all of the area affected by the work in a safe and clean condition, and (v) upon completion of the work, replace and restore the area affected by the work to its condition prior to the performance of the work, at the sole cost and expense of the Developer. e. The City and its successors will at all times maintain the Public Parking Facility and the Access Points (including all equipment related to elevators and/or escalators) in a clean, safe litter-free and sanitary condition, consistent with the standards applicable to a first class project and in compliance with all applicable legal REDW\0002\007-6.DOC 6\16\04 400 law ��