Reso PC22-09 0083 PC Reso Recommending General Plan Amendment Approval Harbor View Project

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Exhibit F-13 ATTY/AGR/2022.389/HARBOR VIEW PROJECT DEVELOPMENT AGREEMENT REV: 10-28-2022 VR (iii) vehicles parked or stored in other than approved parking areas. (3) Building. No buildings located on the Project may be left in an unmaintained condition so that any of the following exist: (i) violations of state law, uniform codes, or City ordinances; (ii) conditions that constitute an unsightly appearance that detracts from the aesthetics or value of the Project or constitutes a private or public nuisance; (iii) broken windows; (iv) graffiti (must be removed within seventy-two (72) hours); and (v) conditions constituting hazards and/or inviting trespassers, or malicious mischief. (4) Sidewalks. The Owner shall maintain, repair, and replace as necessary all private sidewalks in and adjacent to the Project. B. The City places prime importance on quality maintenance to ensure that affordable housing projects within the City are not allowed to deteriorate due to below-average maintenance. Normal wear and tear of the Project will be acceptable to the City assuming the Owner agrees to provide all necessary improvements to assure the Project is maintained in good condition. The Owner shall make all repairs and replacements necessary to keep the Improvements in good condition and repair. C. In the event that the Owner breaches any of the covenants contained in this Section, and such default continues for a period of seven (7) days after written notice from the City with respect to graffiti, debris, waste material, and general maintenance or thirty (30) days after written notice from the City with respect to landscaping and building improvements, then the City, in addition to whatever other remedy it may have at law or in equity, shall have the right to enter upon the Project and perform or cause to be performed all such acts and work necessary to cure the default. Pursuant to such right of entry, the City shall be permitted (but is not required) to enter upon the Project and perform all acts and work necessary to protect, maintain, and preserve the Improvements and landscaped areas on the Project, and to attach a lien on the Project, or to assess the Project, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by the City and/or costs of such cure, including a ten percent (10%) administrative charge, which amount shall be promptly paid by the Owner to the City upon demand. Section 5.6 Safety Conditions. A. The Owner acknowledges that the City places a prime importance on the security of the project and the safety of the residents and surrounding community. The Owner