Reso25-02 0024 PC Reso 901 El Camino Real

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Page 18 of 42 diseased plants with comparable plants subject to weather conditions and applicable water conservation regulations. The Affordable Developer agrees to adequately water the landscaping for Affordable Development in compliance with City and water district policies. (2) Outdoor Common Areas. Affordable Developer shall use commercially reasonable efforts to ensure that outdoor common areas remain in a clean and orderly condition. This includes: (A) Removal of broken or discarded furniture, appliances and other, household equipment stored in deck or outdoor common areas for a period exceeding two (2) weeks; (B) Keeping areas visible from neighboring properties reasonably free of excessive trash and debris; and (C) Ensuring that vehicles are parked in designated areas in accordance with applicable parking regulations. (3) Building. The Affordable Developer shall maintain the Affordable Development in a manner that is consistent with legal requirements and does not create unsafe or hazardous conditions. This includes: (A) Addressing violations of state law, uniform codes, or City ordinances within a reasonable timeframe, considering the nature and extent of the issue; (B) Avoiding conditions that constitute a private or public nuisance; (C) Repairing broken windows within a commercially reasonable period; (D) Removing graffiti within five (5) business days from discovery, or as soon as reasonably practicable; and (E) Addressing hazardous conditions that could invite trespassing or malicious mischief. (4) Sidewalks. The Affordable Developer shall maintain, repair, and replace as necessary all sidewalks adjacent to Affordable Development. (b) The City places prime importance on quality maintenance to ensure that all affordable housing projects within the City are not allowed to deteriorate due to below-average maintenance. Normal wear and tear of Affordable Development will be acceptable to the City assuming the Affordable Developer agrees to provide all necessary improvements to assure Affordable Development is maintained in good condition. The Affordable Developer shall make all repairs and replacements necessary to keep Affordable Development in good condition and repair. (c) In the event that the Affordable Developer 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 Affordable Development (excluding the commercial space leased to third parties) 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 are not required) to enter upon Affordable Development and perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on Affordable Development, and to attach a lien on Affordable Development, or to assess Affordable Development, 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 Affordable Developer to the City upon demand. The Affordable Developer shall not be responsible for any City-performed maintenance unless the City has first provided written notice and a reasonable opportunity for the Affordable Developer to cure. ATTY/RESO.0024/PC RESO 901 EL CAMINO REV: 04-11-25 VR