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the surface on which the paint is applied or removed with solvents, detergents or <br /> water, as appropriate. If any such graff'iti is not removed within seventy-two (72) <br /> hours following the time of the discovery of the graff'iti, the City shall have the <br /> right to enter the 5ite and remove the graffiti, without Notice to the Developer or <br /> the Designated Property Manager, and to draw upon the Maintenance/Graffiti <br /> Deposit to pay for its costs. Any sum expended by the City for the removal of <br /> graffiti on the Site pursuant to this Section 5.2.3 shall be reimbursed to the City <br /> by the Developer, within thirty (30) calendar days after written demand for <br /> payment from the City. Any amount expended by the City for the removal of <br /> graffiti pursuant to this Section 5.2.3 that is not reimbursed to the City by the <br /> Developer within thirty(30) calendar days after written demand to the Developer <br /> for such reimbursement, shall accrue interest at the lesser of: (i) the rate of ten <br /> percent(10%)per annum or(ii)the Usury Limit,until paid in full. <br /> If there is an area of a structure or improvement on the Site that has had graffiti <br /> applied more than three times in a 12-month period, the Developer shall provide <br /> the City with a plan to help avoid future applications of graffiti, which may <br /> include modifications to landscaping, lighting or the improvements, which plan <br /> shall be subject to the City's reasonable approval. <br /> If Developer disagrees with City regarding the costs incurred by City for removal <br /> of graffiti, Developer or its Designated Property Manager shall have the right to <br /> meet and confer with City's Community Development director or his or her <br /> designee to resolve the issue. If the matter is not resolved, Developer or its <br /> Designated Property Manager may request a hearing with the City Manager <br /> whose written determination shall constitute the final determination of the City. <br /> If the matter remains unresolved, the Parties may exercise all legal remedies <br /> available at law or in equity. <br /> 5.2.4 Covenant Running with the Land. The covenant of this Section 5.2 shall <br /> be a covenant running wifh the land, binding successive owners of the Site, <br /> throughout the Covenant Period, and shall be enforceable by the City." <br /> "5.6 Survival and Enforcement of Special Development Covenants. <br /> 5.6.1 Covenants Running with the Land. Each of the special development <br /> covenants set forth in this ARTICLE 5 touch and concern the Site and constitute <br /> covenants running with the land and binding upon successive owners of the Site <br /> for the time period set forth in each specific covenant. <br /> 5.6.2 Survival. Each such special development covenant shall survive the Close <br /> of Escrow, execution and recordation of the City Deed and issuance and <br /> recordation of each and every document related to conveyance of the City <br /> Property or construction or installation of the Project on the Site, for the time <br /> period specifically set forth in each such special development covenant. <br /> Exhibit"F' <br /> Form Of Notice Of Agreement <br /> Page 5 <br /> 2013.118/6LOCK 2 HUNTER STORM <br /> REV:07-26-13 PT <br />