COVENANTS OF PERFORMANCE. SPECIFIC TO THE FIRE DISTRICT
4.1 Abide by the terms and conditions required of the Fire District as set forth in the Ordinance, this Agreement and any amendments to the same; and
4.2 Maintain and staff the position of Fire District Administrator to manage and perform the duties and responsibilities of the Fire District Administrator as set forth in the Ordinance and this Agreement; and
4.3 Establish and maintain the Capital Projects Fund in accordance with the terms and conditions of the Ordinance and the provisions of Idaho Code § 67-8210 and any amendment or recodification of the same and section 3 of this Agreement; and
4.4 Pay the following costs:
4.4.1 Costs associated with the Eagle City Development Impact Fee Advisory Committee;
4.4.2 Costs of drafting and publication of the Ordinance and any amendment or repeal of the same as may be requested by the Fire District;
4.4.3 Costs of drafting of this Agreement and any amendment or termination of the same as may be requested by the Fire District;
4.4.4 Costs associated with the Fire District’s performance of this Agreement;
4.4.5 Cost associated with an appeal of a claim of exemption;
4.4.6 Legal costs and fees of any action brought by a Fee Payer or Developer involving a determination of the Fire District under the provisions of the Ordinance; and
4.5 Be solely responsible for the Fire District’s performance of the terms and conditions required of it by the Ordinance and by this Agreement.
COVENANTS OF PERFORMANCE. Trustor covenants and agrees as follows:
(a) Trustor shall observe, perform, and discharge, duly and punctually, all of the material obligations of the Leases on the part of Trustor to be kept, observed, and performed; and shall give prompt notice to Beneficiary of any failure on the part of Trustor to observe, perform, and discharge same.
(b) Trustor shall enforce the performance of each and every material obligation, term, covenant, condition, and agreement in the Leases by any tenant to be performed, and shall notify Beneficiary of the occurrence of any material default under the Leases.
(c) Trustor shall appear in and defend any action or proceeding arising under, occurring out of, or in any manner connected with the Leases or the obligations, duties, or liabilities of Trustor or any tenant thereunder at the expense of Trustor.
(d) At the request of Lender, Trustor shall provide to Beneficiary subordination, nondisturbance and attornment agreements and tenant estoppel certificates for each Tenant, all in form and substance satisfactory to Lender.
(e) Trustor shall not enter into any Lease (i) whereby the tenant thereunder may raze, modify, alter, or replacement any Improvement or construct any additional Improvements on the Property without the Trustor's consent and that Trustor shall not provide tenant with such consent unless any such work to the Trust Estate shall be completed in accordance with plans, drawings and cost estimates (the "Plans") submitted to and approved by Beneficiary, which Plans shall not be substantially modified, changed or revised without Beneficiary's prior written consent and shall be in conformity with all governmental regulations, including building, zoning, land use and environmental regulations, and the provisions of Section 1.18(b) of this Deed of Trust are otherwise satisfied, (ii) where the terms of the Lease are inconsistent with any of Beneficiary's rights hereunder, or inconsistent with Trustor's obligations hereunder as to the care and maintenance of the Property including keeping the Property free of claims, liens and encumbrances, (iii) where the terms of the Lease do not specifically provide for landlord's remedies pursuant to California Civil Code Sections 1951.2 and 1951.4 without modifications detrimental to landlord, and (iv) where the tenant does not acknowledge that the Lease is subject to all the terms and conditions of this Deed of Trust and that tenant shall not take any action in contradiction to the ...
