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<br /> 5.1.2 Covenant Running with the Land. The covenants of this Section S.I shall
<br /> run with the land, binding successive owners of the Site frozn the Close of Escrow
<br /> until the end of the Covenant Period, and shall be enforceable by the City."
<br /> "5.2 Maintenance Condition of the Site. The Developer for itself, its successors and
<br /> assigns, covenants and agrees that:
<br /> 5.2.1 Maintenance Standard. The entirety of the Site and the Project shall be
<br /> maintained by the Developer in good condition and repair and in a neat, clean and
<br /> orderly condition, ordinary wear and tear and casualty excepted, including,
<br /> without limitation, maintenance, repair, reconstruction and replacement of any
<br /> ' and all asphalt, concrete, landscaping, utility systems, irrigation systems, drainage
<br /> facilities or systems, grading, subsidence, retaining walls or similar support
<br /> structures, foundations, signage, ornamentation, and all other impravements on or
<br /> ', to the Site, now existing or made in the future by or with the consent of the
<br /> Developer, as necessary to maintain the appearance and character of the Project
<br /> and the Site. T'he Developer's obligation to maintain the Project and the Site
<br /> described in the immediately preceding sentence shall include, without limitation,
<br /> (i)maintaining the surfaces in a level, smooth and evenly covered condition with
<br /> 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,
<br /> sand, debris, filth and refuse and thoroughly sweeping areas to the extent
<br /> reasonably necessary to keep areas in a clean and orderly condition; (iii)removing
<br /> or covering gr�ti with the type of surface covering originally used on the
<br /> affected area, (iv)placing, keeping in repair and replacing any necessary and
<br /> appropriate directional signs, markers and lines; (v)operating, keeping in repair
<br /> and replacing where necessary, such artif'icial lighting facilities as shall be
<br /> reasonably required; (vi)providing security services as reasonably indicated; and
<br /> (vii)maintaining, mowing, weeding, trimming and watering all landscaped areas
<br /> and making such replacements of plants and other landscaping material as
<br /> necessary to maintain the appearance and character of the landscaping, all at the
<br /> sole cost and expense of the Developer. The Developer's obligation to maintain
<br /> the Project and the Site described in the two immediately preceding sentences is,
<br /> collectively, referred to in this Agreement as the "Maintenance Standard." The
<br /> Developer may contract with a maintenance contractor to provide for performance
<br /> of all or part of the duties and obligations of the Developer with respect to the
<br /> maintenance of the Project and the Site; provided, however, that the Developer
<br /> shall remain responsible and liable for the maintenance of the Project and the Site,
<br /> at all times.
<br /> 5.2.2 Maintenance Deficiencv. If, at any tirne following the Close of Escrow,
<br /> there is an occurrence of an adverse condition on any area of the Project or the
<br /> Site in contravention of the Maintenance Standard (each such occurrence being a
<br /> "Maintenance Deficiency"), then the City may Notify Developer's Designated
<br /> Property Manager ("Designated Property Manager") in writing, (either by e-mail
<br /> Exhibit"F"
<br /> Form Of Notice Of Agreement
<br /> Page 3
<br /> 2013.1SS/BLOCK 2 HUNTER STORM
<br /> REV:07-2&13 PT
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