AgdaPkt 2002-12-09 - Laserfiche WebLink

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. �1.�- �3 3 will function as an inte�al part of the ovetall Project. Accordingly, the City and Developer agree to proceed in good faith W agree upon reasonable design and conshuction criteria for the Public Parlong Facility, in order to ensure the Developer that the quality of design and esthetics of the Public Parking Facility the quality of materials and finishes used in construction of the • Public Parldng Facility, including, without limitation, the elevators end•staiivvells; and the acoess to and functionality of the Public Parkiag Facility is consistent and compatible with a first-class project of the qualiry of the Retail-Cinema Project W be constructed by the Developer on the Project Site. It is expressly understood and agreed that pedestrian access to and from the Public Pazldng Facility shall be provided by elevators and stairways that open direcfly to the sidewalk and not to the interior of the Project. G. The Developer shall, pursuant to the Construction Agreement, enter into a construction contract with the general contractor for the construction of the Project, which construction contract shall include the conshuction of the Public Parking Facility portion of the Project, and the City sha11 have the right to approve in its reasonable discretion those portions of the construction con�act affecting or relating to the Public Pazldng Facility and the relocation of the utilities and culvert in connection therewith. Developer aclmowledges that either the Agency or the City may fulfill the obligations or exercise the rights of the City with respect to the development, ownerslup and operation of the Public Parking Facility pursuant to ttus Secrion 518 so long as Developer's rights and obligations hereunder aze not materially affected. - §519 Maintenance of Proiect Notwithslanding the Pazking Facilities Agreement, in order to ensure the Agency and the City that the Proj ect will be appropriately maintained following issuance of the Certificate of Completion, the Agency, the City and Developer shall, prior to the issuance of the Certificate of Completion, enter into an agreement (the "Maintenance AgreemenY� whereby Developer, and its successors and assigns, shall agree to maintain the exterior walls of the Project, public and private sidewalks adjacent to the Project, and landscaped azeas adjacent to the Project at all times in a neat, clean, safe, litter-free and sanitary condiYion. Developer's obligation to maintain the landscaping adjacent to the Project shall include proper maintenance of grass, trees and shrubs in order to maintain a healthy and natural appearance. The Maintenance Agreement shall give the City and/or the Agency the right, following notice and a failure to cure by Developer, to enter . onto the Project for purposes of correcting any maintenance deficiency under the terms of the Maintenance Agreement, and the Maintenance Agreement shall provide for a lien on the Project for the amount of any reasonable charges or costs incurred by the City and/or the Agency in connectr �n with the curing of any such maintenance deficiency. Upon recordation of a Notice of a Claim ; Lien against the Project, such lien shall constitute a lien on the fee estate in and to the Project, .-rior and superior to all other monetary liens except: (i) all taxes, bonds, assessments and othe- levies which, by law, would be superior thereto, and (ii) the lien or chazge of any mortgag: . deed of trust or other security interest then of record made in good faith and for value, it being i. aderstood that the priority of any such lien for costs incurred to comply with the Mainten.: nce Agreement shall date from the date of the recordation of the Notice of Claim of Lien. .4r y such lien shall also be subordinate and subject to any lease or sublease of an interest in the Pr�j ect, or any portion thereof, and to any easement affecting the Project, or any portion 31 DOCSSFI :(+-+942.4 9975-5 C14 I20502