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a. Maintain the surface of all pedestrian areas level, smooth and evenly
<br />covered with the type of surfacing material originally installed thereon or such substitute therefor
<br />as shall be in all respects equal thereto or better in quality, appearance and durability;
<br />b. Remove all papers, debris, filth and refuse, and sweep, wash down and/or
<br />clean all hard surfaces, including brick, metal, concrete, glass, wood and other permanent poles,
<br />walls or structural members as required;
<br />C. Maintain such appropriate entrance, exit and directional signs, markers
<br />and lights as shall be reasonably required;
<br />d. Clean lighting fixtures and re -lamp and/or re -ballast as needed;
<br />e. Maintain; repair and replace and keep in first-class condition all benches,
<br />planters, trash containers, and other exterior elements, if any;
<br />f. Maintain, repair and replace all drinking fountains and associated
<br />plumbing
<br />g. Provide adequate security lighting in all areas, and maintain, repair and
<br />replace all security and decorative light fixtures and associated wiring systems;
<br />h. Pay the electrical expense of operating the lighting and irrigation
<br />controller, upon the direct receipt of invoices for electrical service from Pacific Gas and Electric.
<br />systems;
<br />Maintain, repair and replace all surface and storm lateral drainage
<br />Promptly remove any graffiti on or about the Easement Area;
<br />k. Perform landscape maintenance including watering/irrigation, fertilization,
<br />pruning, trimming, shaping, and replacement, as needed, of all trees, shrubs, grass, and other
<br />plants or plant materials, weeding of all plants, planters and other planted areas, staking for
<br />support of plants as necessary, and clearance, cleaning and proper disposal of all cuttings, weeds,
<br />leaves and other debris; and
<br />Perform other maintenance as required by law.
<br />4. Default and Remedies. Breach of, failure, or delay by Developer to perform any
<br />term or condition of this Easement Agreement shall constitute a default. In the event of any
<br />default of any term, condition, or obligation of this Easement Agreement, City shall give the
<br />Developer notice in writing specifying the nature of the alleged default and the manner in which
<br />such default may be satisfactorily cured ("Notice of Breach"). The defaulting party shall cure
<br />the default within 30 days following receipt of the Notice of Breach, provided, however, if the
<br />nature of the alleged default is non -monetary and such that it cannot reasonably be cured within
<br />such 30 -day period, then the commencement of the cure within such time period, and the diligent
<br />prosecution to completion of the cure thereafter, shall be deemed to be a cure, provided that if
<br />the cure is not diligently prosecuted to completion, then no additional cure period shall be
<br />REV: 04-19-2023 JB
<br />ATTY/AGR.2023.085/SI XX, LLC (Broadway Plaza Easement and Maintenance Agreement) (Page 3 of 31)
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