RecD04 2004-176824 - Laserfiche WebLink

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stairs and elevators including tile flooring, painting of walls, repair/maintenance and replacement of doors and excluding the stairs and/or elevators and related equipment that are means of access befinreen the Public Parking Facility and the Retail Cinema (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, or otherwise as are necessary to maintain the Retait Cinema as a first class project. The Developer shall provide such security on the interior of the buildings 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 performed 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 Parcet 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 affeeting 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, ATTY/AGR/2016/AMENDMENTS/AMEND NO. 1 ON BROADWAY REV:04-19-16 FF Page 2 of 9