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7.A. - Page 167 immediately preceding sentence shall include, without limitation, (i) maintaining the surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal in quality, use, and durability; (ii) removing all papers, mud, sand, debris, filth and refuse and thoroughly sweeping areas to the extent reasonably necessary to keep areas in a clean and orderly condition; (iii) removing or covering graffiti with the type of surface covering originally used on the affected area, (iv) placing keeping in repair and replacing any necessary and appropriate directional signs, markers and lines; (v) operating keeping in repair and replacing where necessary, such artificial lighting facilities as shall be reasonably required; (vi) providing security services as reasonably indicated; and (vii) maintaining mowing, weeding trimming and watering all landscaped areas and making such replacements of plants and other landscaping material as necessary to maintain the appearance and character of the landscaping all at the sole cost and expense of the Developer. The Developer's obligation to maintain the Project and the Site described in the two immediately preceding sentences is, collectively, referred to in this Agreement as the "Maintenance Standard." The Developer may contract with a maintenance contractor to provide for performance of all or part of the duties and obligations of the Developer with respect to the maintenance of the Proj ect and the Site; provided, however, that the Developer shall remain responsible and liable for the maintenance of the Proj ect and the Site, at all times. 5.2.2 Maintenance Deficiencv. If, at any time following the Close of Escrow, there is an occurrence of an adverse condition on any area of the Project or the Site in contravention of the Maintenance Standard (each such occurrence being a"Maintenance Deficiency"), then the City may Notify Developer's Designated Property Manager ("Designated Property Manager") in writing (either by e-mail or letter) pursuant to Municipal Code § 14.76 and additionally, when practicable, by telephone, of the Maintenance Deficiency and the time by which such Maintenance Deficiency should be cured. The Property Manager shall promptly cure or commence and diligently pursue to cure the Maintenance Deficiency. Developer shall provide City with the name, title and necessary contact information for the Designated Property Manager who may be contacted at any time, and update such information whenever necessary. If the Maintenance Deficiency has not been cured by the Designated Property Manager within the time stated in the Notice, as such time may be extended by City, the City shall have the right to enter the Project and the Site and perform all acts necessary to cure the Maintenance Deficiency and shall have the right to draw upon the "Maintenance/Graffiti Deposit" (as defined below) to pay for City's costs in effectuating such cure. Upon the issuance of a Certificate of Completion, Developer shall deposit with City an amount of Five Thousand Dollars ($5,000) (the "Maintenance/Graffiti Deposit"), which amount shall be replenished each year during the Covenant Period (the exact date to be determined by the parties) or if the Maintenance Deposit has been exhausted, and shall be used by City solely to cure any Maintenance Deficiencies not cured by the Designated Property Manager as set forth above or to remove graffiti, as set forth below in Section 5.2.3. City shall provide Developer and Designated Property Manager an explanation in writing whenever any portion of the Maintenance/Graffiti Deposit is used to cure a Maintenance Deficiency and provide an annual accounting of the use of such funds. In the event the City's cost to cure a Maintenance Deficiency exceeds the amount of the Maintenance/Graffiti Deposit then held by City, City shall submit a bill to Developer, which Developer shall pay within thirty (30) days. Any amount expended by the City for the abatement of a Maintenance Deficiency pursuant to this Section that is not reimbursed to the City by the Developer within thirty (30) calendar days after written demand to the Developer for such 82483.00009\7571312.11 3 9 ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM REV: 07-19-13 PT