|
5.2 Maintenance Condition of the Site. The Developer for itself, its successors and
<br /> assigns,covenants and agrees that:
<br /> 5.2.1 Maintenance Standard. The entirety of the Site and the Project shall
<br /> be maintained by the Developer in good condition and repair and in a neat, clean and orderly
<br /> condition, ordinary wear and tear and casualty excepted, including, without limitation,
<br /> maintenance, repair, reconstruction and replacement of any and all asphalt, concrete,
<br /> landscaping, utility systems, irrigation systems, drainage facilities or systems, grading,
<br /> subsidence, retaining walls or similar support structures, foundations, signage, omamentation,
<br /> and all other improvements on or to the Site, now existing or made in the future by or with the
<br /> consent of the Developer, as necessary to maintain the appearance and character of the Project
<br /> and the Site. The Developer's obligation to maintain the Project and the Site described in the
<br /> immediately preceding sentence shall include, without limitation, (i) maintaining the surfaces in
<br /> ' a level, smooth and evenly covered condition with the type of surfacing material originally
<br /> installed or such substitute as shall in all respects be equal in quality, use, and durability;
<br /> (ii)removing all papers, mud, sand, debris, filth and refuse and thoroughly sweeping areas to the
<br /> extent reasonably necessary to keep areas in a clean and orderly condition; (iii)removing or
<br /> covering graffiti with the type of surface covering originally used on the affected area,
<br /> (iv)placing, keeping in repair and replacing any necessary and appropriate directional signs,
<br /> markers and lines; (v)operating, keeping in repair and replacing where necessary, such artificial
<br /> ' lighting facilities as shall be reasonably required; (vi)providing security services as reasonably
<br /> indicated; and (vii)maintaining, mowing, weeding, trimming and watering all landscaped azeas
<br /> , and making such replacements of plants and other landscaping material as necessary to maintain
<br /> ' the appearance and chazacter of the landscaping, all at the sole cost and expense of the
<br /> ' Developer. The Developer's obligation to maintain the Project and the Site described in the two
<br /> immediately preceding sentences is, collectively, referred to in this Agreement as the
<br /> ', "Maintenance Standa�d." The Developer may contract with a maintenance contractor to provide
<br /> ' for performance of all or part of the duties and obligations of the Developer with respect to the
<br /> maintenance of the Project and the Site; provided, however, that the Developer shall remain
<br /> ' responsible and liable for the maintenance of the Project and the Site, at all times.
<br /> ' S.2.2 Maintenance Deficiencv. If, at any time following the Close of
<br /> Escrow, there is an occurrence of an adverse condition on any area of the Project or the Site in
<br /> contravention of the Maintenance Standard (each such occunence being a "Maintenance
<br /> Deficiency"), then the City may Notify Developer's Designated Property Manager("Designated
<br /> Property Manager") in writing, (either by e-mail or letter) pursuant to Municipal Code §14.76
<br /> ' and additionally, when practicable, by telephone, of the Maintenance Deficiency and the time by
<br /> ' which such Maintenance Deficiency should be cured. The Property Manager shall promptly cure
<br /> or commence and diligently pursue to cure the Maintenance Deficiency. Developer shall provide
<br /> City with the name, title and necessary contact information for the Designated Property Manager
<br /> who may be contacted at any time, and update such information whenever necessary. If the
<br /> Maintenance Deficiency has not been cured by the Designated Property Manager within the time
<br /> stated in the Notice, as such time may be extended by City, the City shall have the right to enter
<br /> the Project and the Site and perform all acts necessary to cure the Maintenance Deficiency and
<br /> shall have the right to draw upon the "Maintenance/Graffiti Deposit" (as defined below) to pay
<br /> for City's costs in effectuating such cure. Upon the issuance of a Certificate of Completion,
<br /> Developer shall deposit with City an amount of Five Thousand Dollars ($5,000) (the
<br /> 39
<br /> 2013.118/BLOCK 2 HUNTER STORM
<br /> REV:07-26-13 PT
<br />
|