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City Draft <br /> 6/28113 <br /> immediately preceding sentence shall include, without limitation, (i)maintaining the surfaces in <br /> a level, smooth and evenly covered condition with the type of surfacing rnaterial originally <br /> installed or such substitute as shall in all respects be equal in quality, use, and durability; <br /> (ii}removing all papers, mud, sand, debris, filth and refuse and thoroughly sweeping areas to the <br /> extent reasonably necessary to keep areas in a clean and orderly condition; {iii)removing or <br /> covering graffiti with the type of surface covering originally used on the affected area, <br /> (iv)placing, keeping in repair and replacing any necessary and appropriate directional signs, <br /> markers and lines; (v) operating, keeping in repair and replacing where necessary, such artificial <br /> lighting facilities as sha11 be reasonably required; (vi)providing security services as reasonably <br /> indicated; and {vii)maintaining, mowing, weeding, trimming and watering a�l landscaped areas <br /> and making sucfi replaceznents of plants and other landscaping material as necessary to maintain <br /> the appearance and character of the landscaping, a11 at the sole cost and expense of the <br /> Developer. The Developer's obligation to maintain the Project and the Site described in the two <br /> immediately preceding sentences is, collectively, referred to in this Agreement as the <br /> "Maintenance Standard." The Developer may contract with a maintenance contractor to provide <br /> for performance of all or part of the duties and obligations of the Developer with respect to the <br /> maintenance of the Prajec� and the Site; provided, however, that the Developer shaZl remain <br /> responsible and liable for the rnaintenance of the Froject and the Site, at aal times. <br /> 5.2.2 Maintenance Deficiencv. If, at any tirne following the Close of <br /> Escrow, there is an occurrence of an adverse candition on any area of the Praject or the Site in <br /> contravention of the Maintenarice Standard (each such occurrence being a "Maintenance <br /> Defcier�cy"), then the City may Notify Developer's Designated Propert}� Manager("Designated <br /> Property Manager"} in writing, (either by e-mail or letter} pursuant to Municipal Code �14.76 <br /> and additiona.Zly, when practicable, by telephone, of the Maintenance Deficiency and the tirne by <br /> which such Maintenance Deficiency should be cured. The Property Manager sha11 prompt�y cure <br /> or commence and diligently pursue to cure the Maintenance Deficiency. Developer shall provide <br /> City with the name, titl� and necessary contact information for the Designated Property Manager <br /> who rnay be contacted at any time, and update such information whenever necessary. If the <br /> Maintenance De�ciency has not been cured by the Designated Property Manager within the time <br /> stated in the Notice, as such tirne may be extended by City, the City shall have the right to enter <br /> the Project and the Site and perform all acts necessary to cure the Maintenance Deficiency and <br /> shall have the right to draw upon the "MaintenancelGraffiti Deposit" (as defined below) to pay <br /> far City's costs in effectuating such cure. Upon the issuance of a Certificate of Completion, <br /> Developer shall deposit with City an amount of Five Thousand Dollars ($S,00a} ��e <br /> "Maintenance/Gtaffiti Deposit"}, which amount shall be replenished each year during the <br /> Cavenant Period (the exact date to be �eterminec� by the parties) or if the Maintenance Deposit <br /> has been exhausted, and sha11 be used by City solely to cure any Maintenance Deficiencies not <br /> cured by the Designated Property Manager as set forth above or to remove graffiti, as set forth <br /> below in Section 5.2.3. City shall provide DeveZoper and D�signated Property Manager an <br /> explanation in writing whenever any portion of tI�e Maintenance/Graffin Deposit is used to cure <br /> a Maintenance Deficiency and provide an annual accounting of the use of such funds. In the <br /> event the City's cost to cure a Maintenance Deficiency exceeds the amount of the <br /> MaintenancelGraffiti Deposit then held by City, City shall submit a bill to Developer, which <br /> Developer sha11 pay within thirty(30}days. Any amount expended by the City far the abatement <br /> of a Maintenance Deficiency pursuant to this Section that is not reimbursed to the City by the <br /> Developer within °rty (30) calendar days after written demand to the Developer for such <br /> 82483.00 0091757 1 3 12.10 39 <br />