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f. Provide adequate security lighting in all areas during periods of <br /> unrestricted public access, and maintain, repair and replace all security and decorative light <br /> fixtures and associated wiring systems; <br /> g. Maintain, repair and replace all surface and storm lateral drainage <br /> systems; <br /> h. Promptly remove any graffiti on or about the Easement Area; <br /> i. Perform landscape maintenance including watering/irrigation, fertilization, <br /> pruning, trimming, shaping, and replacement, as needed, of all trees, shrubs, grass, and other <br /> plants or plant materials, weeding of all plants, planters and other planted areas, staking for <br /> support of plants as necessary, and clearance, cleaning and proper disposal of all cuttings, weeds, <br /> leaves and other debris; and <br /> k. Perform other maintenance as required by law. <br /> 4. Term. This Easement Agreement shall continue in effect in perpetuity. <br /> 5. Default and Remedies. Breach of, failure, or delay by Owner to perform any term <br /> or condition of this Easement Agreement shall constitute a default. In the event of any alleged <br /> default of any term, condition, or obligation of this Easement Agreement, City shall give the <br /> defaulting party notice in writing specifying the nature of the alleged default and the manner in <br /> which such default may be satisfactorily cured ("Notice of Breach"). The defaulting party shall <br /> cure the default within 30 days following receipt of the Notice of Breach, provided, however, if <br /> the nature of the alleged default is non-monetary and such that it cannot reasonably be cured <br /> within such 30-day period, then the commencement of the cure within such time period, and the <br /> diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure, provided <br /> that if the cure is not diligently prosecuted to completion, then no additional cure period shall be <br /> provided. If the alleged failure is cured within the time provided above, then no default shall <br /> exist and the City shall take no further action to exercise any remedies available hereunder. If <br /> the alleged failure is not cured, then a default shall exist under this Easement Agreement and the <br /> City may bring any action at law or in equity to enforce the terms of this Easement Agreement. <br /> In addition; if the default is the failure to meet the Maintenance Standards set forth in Section 3 <br /> above, the City, in addition to its other rights and remedies, may enter and perform or cause its <br /> agents and contractors to enter the Easement Area and perform the required maintenance and <br /> City costs shall be reimbursed by Owner within thirty (30) days of billing by City or City may <br /> record a lien in the amount of the work performed. <br /> 6. Miscellaneous Provisions. <br /> a. Entire Agreement. This Easement Agreement contains the entire <br /> understanding and agreement of the parties hereto relating to the rights herein granted and the <br /> obligations herein set forth. Any prior, contemporaneous, or subsequent written or oral <br /> representations and modifications concerning this Easement Agreement shall be of no force or <br /> effect. This Easement Agreement may be amended only by a written instrument signed by <br /> Owner and City. <br /> REV: 08-23-16 VR <br /> Page 3 of 5 <br /> ATTY/AGR.2016.232/849 Veterans RWC, LLC - Easement Agreement <br />