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this Section shall constitute default under this Agreement, and the City may enforce this <br />provision through legal proceedings as specified in Section 6.5, below. <br />5.5 Maintenance Requirements. <br />(a) The Owner agrees, for the entire Term of this Agreement, to maintain all <br />interior and exterior improvements, including landscaping, on the Development in good <br />condition and repair (and, as to landscaping, in a healthy condition), normal wear and tear <br />excepted, and in accordance with all applicable laws, rules, ordinances, orders and regulations of <br />all federal, state, county, municipal, and other governmental agencies and bodies having or <br />claiming jurisdiction and all their respective departments, bureaus, and officials, and in <br />accordance with the following maintenance conditions: <br />(1) Landsgapi. The Owner agrees to have landscape maintenance <br />performed at least every other week, including replacement of dead or diseased plants with <br />comparable plants. Owner agrees to adequately water the landscaping on the Development in <br />compliance with City policies. No improperly maintained landscaping on the Development shall <br />be visible from public streets and/or rights of way. <br />(2) Yard Area. No yard areas on the Development shall be left <br />unmaintained, including: <br />(i) broken or discarded furniture, appliances and other, <br />household equipment stored in yard areas for a period exceeding one (1) week; <br />(ii) packing boxes, lumber, trash, dirt and other debris in areas <br />visible from public improvements or neighboring properties; and <br />(iii) vehicles parked or stored in other than approved parking <br />areas. <br />(3) Suildins7. No buildings located on the Development may be left in <br />an unmaintained condition so that any of the following exist: <br />(i) violations of state law, uniform codes, or City ordinances; <br />(ii) conditions that constitute an unsightly appearance that <br />detracts from the aesthetics or value of the Development or constitutes a private or public <br />nuisance; <br />(iii) broken windows; <br />(iv) graffiti (must be removed within seventy-two (72) hours); <br />and <br />(v) conditions constituting hazards and/or inviting trespassers, <br />or malicious mischief. <br />1199\09\2724482.6 16 <br />Document Number: 2021-146159 Page: 17 of 29 <br />