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Ci#y Draft <br /> 51Z8113 <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 shatl be reixnbursed to the City <br /> by the Developer, within thirty (30) calendar days after written demand for <br /> payrnent from the City. Any amount expended by the City for the remaval of <br /> graffiti pursuant to this Section 5.2.3 that is not reirnbursed to the City by the <br /> Developer within thirty(30) calendar days after written demand to the Developer <br /> for such reimbursement, shalt 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 shucture or improvement on the Site that has had graffiti <br /> applied more than three times in a 12-rnonth period, the Developer shall provide <br /> the City with a plan to help avoid future applications of graffiti, which xnay <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 Designatecl 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. I� the matter is not resolved, Develo�er or its <br /> Designated Property Manager may request a hearing with the City Manager who <br /> shall make a written determination of the matter, whose deternunation shall be <br /> final and conclusive. <br /> 5.2.4 Covenant Runnin with the Land. The covenant of this Secrion 5.2 shall <br /> be a covenant running with 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 /> 5.61 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 /> cavenants running with the land and binding upon successive owners of the Site <br /> for the time period set forth in each specif c covenant. <br /> 5.6.2 Survival. Each such special development covenant sha11 survive the Close <br /> of Escrow, execution and recordation of the City Deed and issuance and <br /> recorc�ation of each and every dacunaent related to conveyance of the City <br /> Property or construction or installatian of the Project on the Site, for the time <br /> period specifically set forth in each such special development covex�ant. Upon the <br /> written request of Develope�r folIowing the expiration of any special development <br /> covenant, City agrees to confirm in wz�iting the expiry of such special <br /> development covenant and e�cecnte such documents as may be necessary to <br /> remove such expired special development covenant from any recorded documer�t. <br /> 5.6.3 Enforce�ent. These special development covenants may be enforced by <br /> the City regardless of whether the City currently owns or continues ta own an <br /> Exhibit"F" <br /> Form OfNotice Of Agreement <br /> Page 5 <br /> S 2483.000 0917 5 7 1 3 1 2.Z 0 <br />