RecD04 2004-176824 - Laserfiche WebLink

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and all equipment related to elevators and/or escalators) (all of said areas together shall be referred to herein as the "Maintenance Area"). This obligation extends to such repairs on Parcel A, whether to structures, landscaping or otherwise as are necessary to maintain the Retail Cinema as a first class project. The Developer's obligation to maintain the landscaping adjacent to or within the Project shall include proper maintenance of grass, trees and shrubs in order to maintain a healthy and natural appearance. The Developer shall provide such security on Parcel A as may be necessary from time to time to protect its employees and invitees, and the employees and invitees of its tenants. The Developer shall adopt and require its tenants to observe such rules and regulations as may be 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 but not the interior of any buildings thereon, 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 overtime or premium unless reasonably necessary to prevent material disruption or material inconvenience to the other party), (iv) do all things reasonably REDW\0002\007 -9PREF .DOC 6\25\04 1130 law 10