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Section 5.5 Affordable Site Maintenance. <br />(a) The Owner agrees, for the entire Term of this Agreement, to maintain all <br />interior and exterior improvements, including landscaping, for Affordable Project in good <br />condition and repair (and, as to landscaping, in a healthy condition) and in accordance with all <br />applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, <br />and other governmental agencies and bodies having or claiming jurisdiction and all their <br />respective departments, bureaus, and officials, and in accordance with the following maintenance <br />conditions: <br />(1) Landscaping. 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. The Owner agrees to adequately water the landscaping for Affordable <br />Project in compliance with City and water district policies. <br />(2) Outdoor Common Areas. No outdoor common areas for <br />Affordable Project shall be left unmaintained, including: (A) Broken or discarded furniture, <br />appliances and other, household equipment stored in deck areas for a period exceeding one (1) <br />week; (B) Packing boxes, lumber, trash, dirt and other debris in areas visible from neighboring <br />properties; and (C) Vehicles parked or stored in other than approved parking areas. <br />(3) Building. Affordable Project may not be left in an unmaintained <br />condition so that any of the following exist: (A) Violations of state law, uniform codes, or City <br />ordinances; (B) Conditions that constitute an unsightly appearance that detracts from the <br />aesthetics or value of Affordable Project or constitutes a private or public nuisance; (C) Broken <br />windows; (D) Graffiti (must be removed within seventy-two (72) hours from when discovered <br />or such reasonable period of time as is required to remove the same); and (E) Conditions <br />constituting hazards and/or inviting trespassers, or malicious mischief. <br />(4) Sidewalks. The Owner shall maintain, repair, and replace as <br />necessary all sidewalks adjacent to Affordable Project. <br />(b) The City places prime importance on quality maintenance to ensure that <br />all affordable housing projects within the City are not allowed to deteriorate due to below- <br />average maintenance. Normal wear and tear of Affordable Project will be acceptable to the City <br />assuming the Owner agrees to provide all necessary improvements to assure Affordable Project <br />is maintained in good condition. The Owner shall make all repairs and replacements necessary <br />to keep Affordable Project in good condition and repair. <br />(c) In the event that the Owner breaches any of the covenants contained in <br />this Section and such default continues for a period of seven (7) days after written notice from <br />the City with respect to graffiti, debris, waste material, and general maintenance or thirty (30) <br />days after written notice from the City with respect to landscaping and building improvements, <br />then the City, in addition to whatever other remedy it may have at law or in equity, shall have the <br />right to enter upon Affordable Project (excluding the commercial space leased to third parties) <br />and perform or cause to be performed all such acts and work necessary to cure the default. <br />Pursuant to such right of entry, the City shall be permitted (but are not required) to enter upon <br />Affordable Project and perform all acts and work necessary to protect, maintain, and preserve the <br />REV: 07-12-24 VR <br />1199\10\3491196.8 <br />