RecD04 2004-176824 - Laserfiche WebLink

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use, occupancy, operation of or ingress to and egress from the Public Parking Facility, (iii) undertake all reasonabfe efforts and utilize ail 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 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 affeeted 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, or cause to be maintained, the Public Parking Facility, all public sidewalks adjacent to or located within the Project, all landscaped areas adjacent to the Project and the Access Points (including stairs and all equipment related to elevators and/or escalators) in a clean, safe litter-free and sanitary condition, as specified in "Exhibit "C"-Scope of Services," attached hereto and incorporated herein by reference. This maintenance will be consistent with the standards applicable to a �rst class project and in compliance with all applicable legal standards and requirements. This obligation extends to such repairs on Parcel B, whether to struetures or otherwise as are necessary to maintain the Public Parking Facility in a first class condition and the public pedestrian rights of way which abut Parcel A on all sides, from face of curb to the boundary line of Parcel A (all of said areas together shall be referred to herein as the "City Maintenance Area"). The City's obligation to maintain the landscaping adjacent to the Project shall include proper maintenance of flowers, plants,trees and shrubs in order to maintain a healthy and natural appearance as described in Exhibit"C". The City shall provide such security on the public pedestrian rights of way that abut Parcel A and the Public Parking Facility as may be necessary from time to time to protect the public. In performing any of the work required or permitted in this subsection, the City shall (i) take all measures reasonably required to protect the Developer and the Developer's tenants or employees, 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 Retail Cinema, (iii) undertake all reasonable efforts and utilize all reasonable diligence so that the period of construction or work affecting the property of the Developer 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 alt things reasonably necessary and proper in accordance with the building ATTY/AGR/2016/AMENDMENTS/AMEND NO. 1 ON BROADWAY REV:04-19-16 FF Page 3 of 8