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City Draft
<br /> 6/28113
<br /> 5.1.2 Covenant Running with the Land. The covenants of this Section 5.1 shall
<br /> run with the land, binding successive owners of the Site from the Close of Escmw
<br /> until the end of the Covenant Periad, and sha11 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 /> maintainec�by the Developer in good condition and repair and in a neat, clean and
<br /> orderly condition, ordinary wear and tear and casualty excepted, inclu�ing,
<br /> without iirz�itation, maintenance, repair, reconstruction and replacement of any
<br /> and all asphal�, concrete, landscaping, utility systems, irrigation systems, drainage
<br /> facilities ar systems, grading, subsidence, retaining walls or similar support
<br /> structures, foundations, signage, ornamentation, and all other improvements on or
<br /> to the Site, now existing or made in the furizre by or with the consent of the
<br /> Developer, as necessary to maintain the appearance anc� character of the Project
<br /> and the Site. The Developer's obligation to maintain the Project and the Site
<br /> described in the ir�amediately preceding sentence sha11 inclnde, without limitation,
<br /> (i)maintaining the surfaces in a level, smooth and evenly covered co�ndition with
<br /> the type of surfacing�naterial originally installed or such substitute as sha11 in a11
<br /> respects be aquat in quality, nse, and durability; {ii)removing all papers, mud,
<br /> sand, debris, filth an.d 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 graffiti with the type of surface covering originally used on the
<br /> affected axea, (iv)placing, keeping in repair and replacing any necessary and
<br /> appropriate direc#ionaZ signs, markers and lines; (v) operating, keeping in repair
<br /> and replacing where necessary, such artificial lighting facilities as shall be
<br /> reasonably required; (vi)providing security services as reasonably indicated; and
<br /> (vii)maintaining, mowing, weeding, trimming and watering a1Z landscaped areas
<br /> and making such replacer�nents of plants and other �andscaping material as
<br /> necessary to maintain #he appearance and character of the landscaping, a11 at the
<br /> sole cost and expense of the Developer. The Developer's obligation to maintain
<br /> the Project and the Si#e described in the two immediately preceding sentences is,
<br /> collectively, referred to in this Agreement as the "Maintenance Standard." The
<br /> Develaper 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 /> sha11 remain responsible and Iiable for the maintenance of the Project and tl�e Site,
<br /> at a11 times.
<br /> 5.2.2 Maintenance Deficienc . If, at any time foliowing the Close of Escrow,
<br /> there is an occurrence of an a�.verse 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 rnay Notify Developer's Designated
<br /> Aroperty Manager ("Designated Property Mar�ager") in writing, (either by e-mai�
<br /> or letter) pursuant to Municipal Code §14.76 and additionally, when practicable,
<br /> by telephone, of the Maintenance Deficiency and the time by which such
<br /> Exhihit"F"
<br /> Form Of Notice Of Agreement
<br /> Page 3
<br /> 824$3.0000917571312.10
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