Agmt01 Western Innisfree Ventures LLC

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weekends and holidays. The City and/or Agency shall have the right to charge market rates for parking in the Parking Structure. §519 Maintenance of Pro_iect In order to ensure the Agency and the City that the Project will be appropriately maintained following issuance of the Certificate of Completion, the Agency, the City and Developer shall, prior to the issuance of the Certificate of Completion, enter into an agreement (the "Maintenance Agreement") whereby Developer, and its successors and assigns, shall agree to maintain the exterior walls of the Project, public and private sidewalks adjacent to the Project, and landscaped areas adjacent to the Project at all times in a neat, clean, safe, litter-free and sanitary condition. Developer's obligation to maintain the landscaping adjacent to the Project shall include proper maintenance of grass, trees and shrubs in order to ma'mtain a healthy and natural appearance. The Maintenance Agreement shall give the City and/or the Agency the right, following notice and a failure to cure by Developer, to enter onto the Project for purposes of correcting any maintenance deficiency under the terms of the Maintenance Agreement, and the Maintenance Agreement shall provide for a lien on the Project for the amount of any reasonable charges or costs incurred by the City and/or the Agency in connection with the curing of any such maintenance deficiency. Upon recordation of a Notice of a Claim of Lien against the Project, such lien shall constitute a lien on the fee estate in and to the Project, prior and superior to all other monetary liens except: (i) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (ii) the lien or charge of any mortgage, deed of trust or other security interest then of record made in good faith and for value, it being understood that the priority of any such lien for costs incurred to comply with the Maintenance Agreement shall date from the date of the recordation of the Notice of Claim of Lien. Any such lien shall also be subordinate and subject to any lease or sublease of an interest in the Project, or any portion thereof, and to any easement affecting the Project, or any portion thereof, entered into at any time, before or after, the date of recordation of any such Notice of Claim of Lien. In addition to the foregoing, the Maintenance Agreement shall provide for customary mortgagee protection provisions intended to protect the holder of any mortgage, deed of trust or other security interest made or given in good faith and for value. The Maintenance Agreement shall contain such other terms and provisions as shall be customary in similar agreements and mutually agreed upon by the Agency, City and Developer. Notwithstanding anything herein contained to the contrary, the Maintenance Agreement shall not apply to the Public Parking Structure, it being understood and agreed that the City shall retain all responsibilities and obligations for the maintenance of the Public Parking Structure and the sidewalks, entryways, driveways and landscaped areas contained therein or adjacent thereto. §520 Pursuant to State CEQA Guidelines section 15097, in order to ensure that the mitigation measures and project revisions identified in the Final Environmental Impact Report for the Project are implemented, the Agency shall adopt a program for monitoring or reporting on the revisions which it has required in the Project and the measures it has imposed to mitigate or avoid significant environmental effects and the Agency and the Developer shall ensure that the mitigation measures are implemented. 32 DOCSSFl:495065.9 9975-5 INn~N