|
<br />ATTY/RESO.0020/CC RESO APPROVING AMENDMENTS TO HPP GUIDELINES – EXHIBIT B
<br />REV: 05-04-26 LF
<br />Page 67 of 86
<br />misconduct of an City Party.
<br />3.2.4 No Separate Insurance. The Owner shall not carry separate or
<br />additional insurance relating to the Development that is concurrent in form or contributing in the
<br />event of loss with the insurance required under this Regulatory Agreement, unless such insurance
<br />is endorsed in favor of the City Parties as required by this Regulatory Agreement.
<br />3.2.5 No Representation. Neither Party makes any representation that the
<br />limits, scope, or forms of insurance coverage this Regulatory Agreement requires are adequate or
<br />sufficient.
<br />3.3 Casualty. If any casualty occurs to the Development during the Term, Owner shall,
<br />except as otherwise provided in this Section 3.3, Restore the Development with reasonable
<br />promptness. If the cost of Restoration of the Development following a casualty exceeds the
<br />insurance proceeds available to Owner for such Restoration (if Owner maintains all insurance
<br />required by this Regulatory Agreement and inclusive of any deductible or self-insured retention
<br />amounts), then Owner shall not be required to Restore the Development, but this Regulatory
<br />Agreement shall not be affected.
<br />3.4 Condemnation. If any portion of the Development is taken by exercise of the power
<br />of eminent domain by a Government during the Term, then Owner shall Restore the remaining
<br />portions of the Development with reasonable promptness, to the extent practicable.
<br />3.5 Maintenance. The Owner, for itself, its successors and assigns, covenants and agrees
<br />that:
<br />3.5.1 Maintenance Standard. The entirety of the Property and the
<br />Development shall be maintained by the Owner in good condition and repair, normal wear and
<br />tear excepted, and a neat, clean and orderly condition, including, without limitation, maintenance,
<br />repair, reconstruction and replacement of any and all asphalt, concrete, landscaping, utility
<br />systems, irrigation systems, drainage facilities or systems, grading, subsidence, retaining walls or
<br />similar support structures, foundations, signage, ornamentation, and all other improvements on or
<br />to the Property, now existing or made in the future by or with the consent of the Owner, as
<br />necessary to maintain the appearance and character of the Property, as improved with the
<br />Development. The Owner’s obligation to maintain the Property and the Development described
<br />in the immediately preceding sentence shall include, without limitation, all of the following, at the
<br />Owner’s sole cost and expense: (i) maintaining the surfaces in a level, smooth and evenly covered
<br />condition with the type of surfacing material originally installed or such substitute as shall in all
<br />respects be equal in quality, use, and durability; (ii) removing all papers, mud, sand, debris, filth
<br />and refuse and thoroughly sweeping areas to the extent reasonably necessary to keep areas in a
<br />clean and orderly condition; (iii) removing or covering graffiti with the type of surface covering
<br />originally used on the affected area, (iv) placing, keeping in repair and replacing any necessary
<br />and appropriate directional signs, markers and lines; (v) installing, operating, keeping in repair and
<br />replacing where necessary, such artificial lighting facilities as shall be reasonably required; (vi)
<br />providing security services as reasonably indicated; (vii) maintaining, mowing, weeding, trimming
<br />and watering all landscaped areas and making such replacements of plants and other landscaping
<br />material as necessary to maintain the appearance and character of the landscaping; (viii) properly
|