RecDoc 2017-037383 - Laserfiche WebLink

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plants or plant materials, weeding of all plants, planters and other planted areas, staking for support of plants as necessary, and clearance, cleaning and proper disposal of all cuttings, weeds, leaves and other debris; and k. Perform other maintenance as required by law. 4. Term. This Easement Agreement shall continue in effect until the earlier of the following dates: (a) the date upon which (i) Blocks A through D have been developed pursuant to the Precise Plan, and (ii) 50 percent or more of Blocks A through D have undergone a subsequent City -approved Comprehensive Reconstruction; or (b) December 10, 2088, the date which is 75 years following the effective date of the Development Agreement. City shall quitclaim its interest in the Easement and this Easement Agreement immediately upon expiration of the Term. 5. Default and Remedies. Breach of, failure, or delay by Owner or Maintenance Owner to perform any term or condition of this Easement Agreement shall constitute a default. In the event of any alleged default of any term, condition, or obligation of this Easement Agreement, City shall give the defaulting party notice in writing specifying the nature of the alleged default and the manner in which such default may be satisfactorily cured ("Notice of Breach"). The defaulting party shall cure the default within 30 days following receipt of the Notice of Breach, provided, however, if the nature of the alleged default is non -monetary and such that it cannot reasonably be cured within such 30 -day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure, provided that if the cure is not diligently prosecuted to completion, then no additional cure period shall be provided. If the alleged failure is cured within the time provided above, then no default shall exist and the City shall take no further action to exercise any remedies available hereunder. If the alleged failure is not cured, then a default shall exist under this Easement Agreement and the City may bring any action at law or in equity to enforce the terms of this Easement Agreement. In addition, if the default is the failure to meet the Maintenance Standards set forth in Section 3 above, the City, in addition to its other rights and remedies, may enter and perform or cause its agents and contractors to enter the Easement Area and perform the required maintenance and City costs shall be reimbursed by Maintenance Owner within thirty (30) days of billing by City or City may record a lien or place the amount owed as a special assessment against Blocks A -C in the amount of the work performed. 6. Miscellaneous Provisions. a. Entire Agreement. This Easement Agreement, along with the Development Agreement, contains the entire understanding and agreement of the parties hereto relating to the rights herein granted and the obligations herein set forth. Any prior, contemporaneous, or subsequent written or oral representations and modifications concerning this Easement Agreement shall be of no force or effect. This Easement Agreement may be amended only by a written instrument signed by Owner and City. REV: 03-25-17 VR Exhibit D to AGR/2013.134\ ATTY/AGR/2017.063/STANFORD EASEMENT & MAINTENANCE AGREEMENT Page 4 of 16