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City Draft <br /> G/28113 <br /> reimbursement, sha11 accrue interest at the lesser of: (i) the rate of ten percent (10%) per annum <br /> or(ii)the Usury Limit,un�il paid in full. <br /> If Developer disagrees with City's determination that a Maintenance Deficiency exists or <br /> #he cost incurred by City to cure a Maintenance Deficiency, Developer or its Designated <br /> Property Manager shall have the right to meet and confer with City's Community Development <br /> Director or his or her designee to rESO1ve the issue. If the matter is not resolved, Developer or its <br /> Designated Property Manager may request a hearing with the City Manager who shalt make a <br /> written deternlination of the matter. If the matter remains unresolved, the Parties may exercise <br /> a111ega1 remedies available at law or in equxty. <br /> 5.2.3 Graffiti. Graffiti, as defined in Municipal Code §14.98, that has been <br /> applied to any exterior surface of a structure or improvement on the Site, that is visible from any <br /> public right-of-way adjacent or contiguous to the Site, sha11 be removed by the Developer ar the <br /> Designated Project Manager by either painting over the evidence of such vandalism with a paint <br /> that has been color-matched to the surface on which the paint is applied ar removed with <br /> solvents, detergents or water, as appropriate. If a.ny such graffiti is not removed within seventy- <br /> two (72)hours following the time of the discovery of the graffiti, t�ie City shall have the right to <br /> enter the Site and remove the graffiti, without Notice to the Develaper or the Designated <br /> Property Manager, and ta draw upon the Maintenance/Graffiti Deposit to pay for its costs. Any <br /> sum ez�pended by the City for the removal of graffti on the Site pursuant ta this Section 5.2.3 <br /> shalZ be reimbursed to the City by the Developer, within thirty (30) calendar days after written <br /> demand for payment from the City. Any amount expended by the City for the removal of graf'fiti <br /> pursnant to this Section 5.2.3 that is not reimb�rsed to fhe City by the Developer within thirty <br /> (30) calendar days after written demand to the Developez� for such reimbursement, shall acerue <br /> interest at the lesser of (i) the rate of ten percent (10%)per annutn or{ii) the Usury Limit, until <br /> paid in full. <br /> If there is an area of a structure or improvement on the Site that has had graffiti applied <br /> more than three times in a 12-month period, the Developer sha11 provide the City with a plan ta <br /> help avoid future applications of graffiti, which may include rnodifications to landscaping, <br /> lighting or the impravements, which plan shall be subject to the City's reasonabie appro�al. <br /> If Developer disagrees with City regarding the costs incurred by City for removal of <br /> graffiti, Developer or its Designated Property Manager sha11 have the right to meet and confer <br /> with City's Community Development Director or his or her designee to resolve the issue. ff the <br /> matter is not resolved, Developer ar its Desigziated Property Manager may request a k�eaxing with <br /> the City Manager who shall make a written detertnination of the xnatter. If the matter remains <br /> unresolved,the Parties rnay exercise all legal remeclies available at law or in equity. <br /> 5.2.4 Covenant Runnin� vvith the Land. The covenant of this Section 5.2 <br /> sha11 be a covenant running with the land, bindiz�g successive owners of the Site, throughout the <br /> Covenant Period, and shall be enforceable by the City. <br /> 5.3 Local Contractors and Consultants. The Developer shall use commercially <br /> reasonable effarts to use local contractors and consultants whenever passible during the planning <br /> and construction of th� improvements an the Site. "Local" is defined as businesses ar persons <br /> 824$3.00OD917571312.i0 40 <br />