Common use of General Maintenance Clause in Contracts

General Maintenance. Borrower shall maintain the Project Site and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti, and in compliance with the applicable provisions of the Anaheim Municipal Code. Borrower shall maintain the improvements and landscaping on the Project Site in accordance with the Maintenance Standards (as hereinafter defined). Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Project Site and any and all other improvements on the Project Site. To accomplish the maintenance, Borrower shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. Borrower and its maintenance staff, contractors or subcontractors shall comply with the following standards (collectively, “Maintenance Standards”): (i) The Project Site shall be maintained in conformance and in compliance with reasonable maintenance standards for comparable first quality affordable housing projects, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. The Project Site shall be maintained in good condition and in accordance with the custom and practice generally applicable to comparable first quality affordable apartment complexes in the County of Orange (the “County”). (ii) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iii) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. Governmental Lender agrees to notify Borrower in writing if the condition of the Project Site does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Borrower to cure the deficiencies. Upon notification of any maintenance deficiency, Borrower shall have commenced to cure such deficiency within thirty (30) days and shall diligently act to correct, remedy or cure such deficiency within no more than sixty (60) days. If the written notification states the problem is urgent relating to the public health and safety of the City of Anaheim or Governmental Lender, then Borrower shall have forty-eight (48) hours to rectify the problem. In the event Borrower does not maintain the Project Site in the manner set forth herein and in accordance with the Maintenance Standards, Governmental Lender shall have, in addition to any other rights and remedies hereunder, the right to maintain the Project Site, or to contract for the correction of such deficiencies, after written notice to Borrower, and Borrower shall be responsible for the payment of all such costs incurred by Governmental Lender.

Appears in 5 contracts

Samples: Regulatory Agreement and Declaration of Restrictive Covenants, Regulatory Agreement and Declaration of Restrictive Covenants, Regulatory Agreement and Declaration of Restrictive Covenants

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General Maintenance. Borrower shall maintain Except as noted herein, Lessor agrees to perform at its expense all Equipment maintenance and repairs reasonably necessary to keep the Project Site Equipment in good repair and all improvements thereonoperating condition, including lighting excepting reasonable wear and signagetear from normal use (hereinafter, “Maintenance”), in good condition, free excess of debris, waste and graffiti, and a Maintenance deductible in compliance with the applicable provisions amount of $150.00 per Maintenance occurrence (regardless of the Anaheim Municipal Code. Borrower shall maintain number of maintenance items performed or repairs made during the improvements and landscaping on the Project Site in accordance with the individual Maintenance Standards occurrence) to be paid by Lessee where Maintenance is performed at one of Lessor’s maintenance facilities or at such other Lessor designated maintenance facility (as hereinafter definedcollectively “Authorized Maintenance Facilities”). Such Where Equipment Maintenance Standards shall apply is performed at a facility other than an Authorized Maintenance Facility, Lessor agrees to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Project Site and any and all other improvements on the Project Site. To accomplish the maintenance, Borrower shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance workpay such Equipment Maintenance expenses, including the provision costs of laborreplacement parts, equipmentin excess of a maintenance deductible in the amount of $250.00 per Maintenance occurrence (regardless of the number of maintenance items performed or repairs made during the individual repair occurrence) to be paid by Lessee, materialsprovided such Maintenance is pre-approved in writing by Lessor and documented by a proper itemized receipt (unless decided otherwise in Lessor’s sole discretion, support facilitiesLessor shall not approve Maintenance at a facility that is not an Authorized Maintenance Facility where the hourly labor rate charged by such facility exceeds $130 per hour). Lessor will not pay for any expenses associated with Equipment maintenance and repairs performed at facilities other than Authorized Maintenance Facilities or that are not pre-approved in writing by Lessor and documented by a proper itemized receipt; such maintenance and repair expenses will be borne entirely by Lessee. All maintenance and repairs, and any the costs of such maintenance and all other items repairs, beyond those reasonably necessary to comply with keep the requirements Equipment in good repair and operating condition, excepting reasonable wear and tear from normal use, are the sole responsibility of this AgreementLessee. Borrower The expense of maintenance and its maintenance staff, contractors or subcontractors shall comply with the following standards (collectively, “Maintenance Standards”): (i) The Project Site shall be maintained in conformance and in compliance with reasonable maintenance standards for comparable first quality affordable housing projectsrepairs, including but repair and replacement of tires, necessitated by Equipment condition caused by operator abuse (i.e., not limited to painting caused, in Lessor’s judgment, by the usual and cleaning normal operation of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. The Project Site shall be maintained in good condition and in accordance with the custom and practice generally applicable to comparable first quality affordable apartment complexes in the County Equipment), road hazard, collision, operation off of Orange (the “County”). (ii) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground coverspaved road, or other planted areas; and staking for support of trees. (iii) Clean-up maintenance shall include, but not driver negligence will be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of borne entirely by maintenance workers. Governmental Lender agrees to notify Borrower in writing if the condition of the Project Site does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Borrower to cure the deficiencies. Upon notification of any maintenance deficiency, Borrower shall have commenced to cure such deficiency within thirty (30) days and shall diligently act to correct, remedy or cure such deficiency within no more than sixty (60) daysLessee. If Lessee fails to have performed the written notification states the problem is urgent relating to the public health and safety of the City of Anaheim or Governmental LenderEquipment maintenance, then Borrower shall have forty-eight (48) hours to rectify the problem. In the event Borrower does not maintain the Project Site in the manner set forth herein and in accordance with the Maintenance Standards, Governmental Lender shall have, in addition to any other rights and remedies hereunder, the right to maintain the Project Siterepairs, or to contract replacements for which Lessee is solely responsible, Xxxxxx agrees that Lessor can perform such maintenance, repairs, or replacements and charge the correction cost of such deficienciesmaintenance, after written notice repairs, or replacements to Borrower, and Borrower shall be responsible for the payment of all such costs incurred by Governmental LenderLessee.

Appears in 1 contract

Samples: Equipment Lease Agreement

General Maintenance. Borrower Developer shall maintain the Project Site and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti, and in compliance with the terms of the Redevelopment Plan and all applicable provisions of the Anaheim Municipal Code. Borrower Developer shall maintain the improvements and landscaping on the Project Site in accordance with the Maintenance Standards (as hereinafter defined). Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Project Site and any and all other improvements on the Project Site. To accomplish the maintenance, Borrower Developer shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. Borrower Developer and its maintenance staff, contractors or subcontractors shall comply with the following standards (collectively, “Maintenance Standards”): (ia) The Project Site shall be maintained in conformance and in compliance with the approved Rehabilitation Plans, as finaled, and reasonable maintenance standards for comparable first quality affordable housing projects, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. The Project Site shall be maintained in good condition and in accordance with the custom and practice generally applicable to comparable first quality affordable apartment complexes in the County of Orange (the “County”). (iib) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iiic) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. Governmental Lender Agency agrees to notify Borrower Developer in writing if the condition of the Project Site does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Borrower Developer to cure the deficiencies. Upon notification of any maintenance deficiency, Borrower Developer shall have commenced to cure such deficiency within thirty (30) days and shall diligently act within which to correct, remedy or cure such deficiency within no more than sixty (60) daysthe deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City of Anaheim or Governmental LenderCity, then Borrower Developer shall have fortytwenty-eight four (4824) hours to rectify the problem. In the event Borrower Developer does not maintain the Project Site in the manner set forth herein and in accordance with the Maintenance Standards, Governmental Lender Agency shall have, in addition to any other rights and remedies hereunder, the right to maintain the Project Site, or to contract for the correction of such deficiencies, after written notice to BorrowerDeveloper, and Borrower Developer shall be responsible for the payment of all such costs incurred by Governmental LenderAgency.

Appears in 1 contract

Samples: Affordable Housing Agreement

General Maintenance. Borrower Developer shall maintain the Project Site and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti, and in compliance with the all applicable provisions of the Anaheim Municipal Code. Borrower Developer shall maintain the improvements and landscaping on the Project Site in accordance with the Maintenance Standards (as hereinafter defined)) the improvements and landscaping on the Site. Such Maintenance Standards shall apply to all buildings, signage, common amenities, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Project Site and any and all other improvements on the Project SiteSite and Phase II. To accomplish the maintenance, Borrower Developer shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. Borrower Developer and its maintenance staff, contractors or subcontractors shall comply with the following standards as to Phase II (collectively, “Maintenance Standards”): (ia) The Project Site shall be maintained in conformance and in compliance with the approved final as-built plans, and reasonable maintenance standards which comply with the industry standard for comparable first quality affordable housing projectsprojects in the County, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. The Project Site shall be maintained in good condition and in accordance with the industry custom and practice generally applicable to comparable first quality affordable apartment complexes housing projects in the County of Orange (the “County”). (iib) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iiic) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. Governmental Lender Authority agrees to notify Borrower Developer in writing if the condition of the Project Site does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Borrower Developer to cure the deficiencies. Upon notification of any maintenance deficiency, Borrower Developer shall have commenced to cure such deficiency within thirty (30) days and shall diligently act within which to correct, remedy or cure such deficiency within no more than sixty (60) daysthe deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City of Anaheim or Governmental Lendersafety, then Borrower Developer shall have forty-eight (48) hours to rectify the problem. In the event Borrower Developer does not maintain the Project Site in the manner set forth herein and in accordance with the Maintenance Standards, Governmental Lender Authority shall have, in addition to any other rights and remedies hereunder, the right to maintain the Project Site, or to contract for the correction of such deficiencies, after written notice to BorrowerDeveloper, and Borrower Developer shall be responsible for the payment of all such costs incurred by Governmental LenderAuthority.

Appears in 1 contract

Samples: Affordable Housing Agreement

General Maintenance. Borrower Licensee shall maintain the Project Site Premises and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti, and in compliance with the all applicable provisions of the City of Anaheim Municipal Code. Borrower Licensee shall maintain the improvements and landscaping on the Project Site in accordance with the Maintenance Standards (as hereinafter defined)) the improvements and landscaping on the Premises. Such Maintenance Standards shall apply to all buildingsstructures, signage, common amenities, lighting, fencing, landscaping, irrigation of landscaping, architectural elements identifying the Project Site Premises and any and all other improvements on the Project SitePremises. To accomplish the maintenance, Borrower Licensee shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. Borrower Licensee and its maintenance staff, contractors or subcontractors shall comply with the following standards as to the Premises (collectively, “Maintenance Standards”): (i) a. The Project Site Premises shall be maintained in conformance and in compliance with the approved final as-built plans, and reasonable maintenance standards which comply with the industry standard for comparable first quality affordable housing projectsprojects in the County, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. The Project Site shall be maintained in good condition and in accordance with the custom and practice generally applicable to comparable first quality affordable apartment complexes in the County of Orange (the “County”)curb line. (ii) b. Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iii) c. Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. Governmental Lender City agrees to notify Borrower Licensee in writing if the condition of the Project Site Premises does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Borrower Licensee to cure the deficiencies. Upon notification of any maintenance deficiency, Borrower Licensee shall have commenced to cure such deficiency within thirty (30) days and shall diligently act within which to correct, remedy or cure such deficiency within no more than sixty (60) daysthe deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City of Anaheim or Governmental Lendersafety, then Borrower Licensee shall have forty-eight (48) hours to rectify the problem. In the event Borrower Licensee does not maintain the Project Site Premises in the manner set forth herein and in accordance with the Maintenance Standards, Governmental Lender City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Project SitePremises, or to contract for the correction of such deficiencies, after written notice to BorrowerLicensee, and Borrower Licensee shall be responsible for the payment of all such costs incurred by Governmental LenderCity.

Appears in 1 contract

Samples: Right of Entry and License Agreement

General Maintenance. Borrower Tenant shall maintain the Project Site Property and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti, and in compliance with the terms of the Redevelopment Plan and all applicable provisions of the Anaheim Municipal Code. Borrower shall maintain the improvements and landscaping on the Project Site in accordance with the Maintenance Standards (as hereinafter defined). Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Project Site and any and all other improvements on the Project Site. To accomplish the maintenance, Borrower shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. Borrower and its maintenance staff, contractors or subcontractors shall comply with the following standards (collectively, “Maintenance Standards”):City of (ia) The Project Site Property shall be maintained in conformance and in compliance with the approved final as-built plans, and reasonable maintenance standards for comparable first quality affordable housing projectsprojects in the County, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. The Project Site Property shall be maintained in good condition and in accordance with the custom and practice generally applicable to comparable first quality affordable apartment complexes housing projects in the County of Orange (the “County”). (iib) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iiic) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. Governmental Lender agrees to notify Borrower in writing if the condition of the Project Site does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Borrower to cure the deficiencies. Upon notification of any maintenance deficiency, Borrower shall have commenced to cure such deficiency within thirty (30) days and shall diligently act to correct, remedy or cure such deficiency within no more than sixty (60) days. If the written notification states the problem is urgent relating to the public health and safety of the City of Anaheim or Governmental Lender, then Borrower shall have forty-eight (48) hours to rectify the problem. In the event Borrower does not maintain the Project Site in the manner set forth herein and in accordance with the Maintenance Standards, Governmental Lender shall have, in addition to any other rights and remedies hereunder, the right to maintain the Project Site, or to contract for the correction of such deficiencies, after written notice to Borrower, and Borrower shall be responsible for the payment of all such costs incurred by Governmental Lender.

Appears in 1 contract

Samples: Implementation Agreement

General Maintenance. Borrower Developer shall maintain the Project Site and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti, and in compliance with the all applicable provisions of the Anaheim Municipal Code. Borrower Developer shall maintain the improvements and landscaping on the Project Site in accordance with the Maintenance Standards (as hereinafter defined). Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Project Site and any and all other improvements on the Project Site. To accomplish the maintenance, Borrower Developer shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. Borrower Developer and its maintenance staff, contractors or subcontractors shall comply with the following standards (collectively, “Maintenance Standards”―Maintenance Standards‖): (ia) The Project Site shall be maintained in conformance and in compliance with the approved Rehabilitation Plans, as finaled, and reasonable maintenance standards for comparable first quality affordable housing projects, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. The Project Site shall be maintained in good condition and in accordance with the custom and practice generally applicable to comparable first quality affordable apartment complexes in the County of Orange (the “County”). (iib) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iiic) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. Governmental Lender Authority agrees to notify Borrower Developer in writing if the condition of the Project Site does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Borrower Developer to cure the deficiencies. Upon notification of any maintenance deficiency, Borrower Developer shall have commenced to cure such deficiency within thirty (30) days and shall diligently act within which to correct, remedy or cure such deficiency within no more than sixty (60) daysthe deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City of Anaheim or Governmental LenderCity, then Borrower Developer shall have fortytwenty-eight four (4824) hours to rectify the problem. In the event Borrower Developer does not maintain the Project Site in the manner set forth herein and in accordance with the Maintenance Standards, Governmental Lender Authority shall have, in addition to any other rights and remedies hereunder, the right to maintain the Project Site, or to contract for the correction of such deficiencies, after written notice to BorrowerDeveloper, and Borrower Developer shall be responsible for the payment of all such costs incurred by Governmental LenderAuthority.

Appears in 1 contract

Samples: Affordable Housing Agreement

General Maintenance. Borrower Developer shall maintain the Project Manchester Site and the Orangewood Site and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti, and in compliance with the terms of the Redevelopment Plan and all applicable provisions of the Anaheim Municipal Code. Borrower Developer shall maintain the improvements and landscaping on the Project Site in accordance with the Maintenance Standards (as hereinafter defined)) the improvements and landscaping on the Manchester Site and the Orangewood Site. Such Maintenance Standards shall apply to all buildings, signage, common amenities, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Project Site and any and all other improvements on the Project SiteSite and each Project. To accomplish the maintenance, Borrower Developer shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. Borrower and its maintenance staff, contractors or subcontractors shall comply with the following standards (collectively, “Maintenance Standards”):. (ia) The Project Manchester Site and the Orangewood Site shall be maintained in conformance and in compliance with the approved final as-built plans, and reasonable maintenance standards which comply with the industry standard for comparable first quality affordable housing projectsprojects in the County, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. The Project Manchester Site and the Orangewood Site shall be maintained in good condition and in accordance with the industry custom and practice generally applicable to comparable first quality affordable apartment complexes housing projects in the County of Orange (the “County”). (iib) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iiic) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. Governmental Lender agrees to notify Borrower in writing if the condition of the Project Site does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Borrower to cure the deficiencies. Upon notification of any maintenance deficiency, Borrower shall have commenced to cure such deficiency within thirty (30) days and shall diligently act to correct, remedy or cure such deficiency within no more than sixty (60) days. If the written notification states the problem is urgent relating to the public health and safety of the City of Anaheim or Governmental Lender, then Borrower shall have forty-eight (48) hours to rectify the problem. In the event Borrower does not maintain the Project Site in the manner set forth herein and in accordance with the Maintenance Standards, Governmental Lender shall have, in addition to any other rights and remedies hereunder, the right to maintain the Project Site, or to contract for the correction of such deficiencies, after written notice to Borrower, and Borrower shall be responsible for the payment of all such costs incurred by Governmental Lender.

Appears in 1 contract

Samples: Affordable Housing Agreement

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General Maintenance. Borrower shall maintain the Project Site and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti, and in compliance with the applicable provisions of the Anaheim Municipal Code. Borrower shall maintain the improvements and landscaping on the Project Site in accordance with the Maintenance Standards (as hereinafter defined). Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Project Site and any and all other improvements on the Project Site. To accomplish the maintenance, Borrower shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. Borrower and its maintenance staff, contractors or subcontractors shall comply with the following standards (collectively, “Maintenance Standards”): (i) The Project Site shall be maintained in conformance and in compliance with reasonable maintenance standards for comparable first quality affordable housing projects, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. The Project Site shall be maintained in good condition and in accordance with the custom and practice generally applicable to comparable first quality affordable apartment complexes in the County of Orange (the “County”). (ii) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iii) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. Governmental Lender Issuer agrees to notify Borrower in writing if the condition of the Project Site does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Borrower to cure the deficiencies. Upon notification of any maintenance deficiency, Borrower shall have commenced to cure such deficiency within thirty (30) days and shall diligently act to correct, remedy or cure such deficiency within no more than sixty (60) days. If the written notification states the problem is urgent relating to the public health and safety of the City of Anaheim or Governmental LenderIssuer, then Borrower shall have forty-eight (48) hours to rectify the problem. In the event Borrower does not maintain the Project Site in the manner set forth herein and in accordance with the Maintenance Standards, Governmental Lender Issuer shall have, in addition to any other rights and remedies hereunder, the right to maintain the Project Site, or to contract for the correction of such deficiencies, after written notice to Borrower, and Borrower shall be responsible for the payment of all such costs incurred by Governmental LenderIssuer.

Appears in 1 contract

Samples: Regulatory Agreement and Declaration of Restrictive Covenants

General Maintenance. Borrower Tenant shall maintain the Project Site Property and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti, and in compliance with the terms of the Redevelopment Plan and all applicable provisions of the City of Anaheim Municipal Code. Borrower Tenant shall maintain in accordance with the ―Maintenance Standards,‖ as hereinafter defined, the improvements and landscaping on the Project Site in accordance with the Maintenance Standards (as hereinafter defined)Property. Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Project Site Property and any and all other improvements on the Project Site. To accomplish the maintenance, Borrower shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. Borrower and its maintenance staff, contractors or subcontractors shall comply with the following standards (collectively, “Maintenance Standards”):Property. (ia) The Project Site Property shall be maintained in conformance and in compliance with the approved final as-built plans, and reasonable maintenance standards for comparable first quality affordable housing projectsprojects in the County, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. The Project Site Property shall be maintained in good condition and in accordance with the custom and practice generally applicable to comparable first quality affordable apartment complexes housing projects in the County of Orange (the “County”). (iib) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iiic) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. Governmental Lender Landlord agrees to notify Borrower Tenant in writing if the condition of the Project Site Property does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Borrower Tenant to cure the deficiencies. Upon notification of any maintenance deficiency, Borrower Tenant shall have commenced to cure such deficiency within thirty (30) days and shall diligently act within which to correct, remedy or cure such deficiency within no more than sixty (60) daysthe deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City of Anaheim or Governmental LenderLandlord, then Borrower Tenant shall have forty-eight (48) hours to rectify the problem. In the event Borrower Tenant does not maintain the Project Site Property in the manner set forth herein and in accordance with the Maintenance Standards, Governmental Lender Landlord shall have, in addition to any other rights and remedies hereunder, the right to maintain the Project SiteProperty, or to contract for the correction of such deficiencies, after written notice to BorrowerTenant, and Borrower Tenant shall be responsible for the payment of all such costs incurred by Governmental LenderLandlord.

Appears in 1 contract

Samples: Implementation Agreement

General Maintenance. Borrower Developer shall maintain the Project Site and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti, and in compliance with the terms of the Redevelopment Plan and all applicable provisions of the Anaheim Municipal Code. Borrower Developer shall maintain the improvements and landscaping on the Project Site in accordance with the Maintenance Standards (as hereinafter defined). Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Project Site and any and all other improvements on the Project Site. To accomplish the maintenance, Borrower Developer shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. Borrower and its maintenance staff, contractors or subcontractors shall comply with the following standards (collectively, “Maintenance Standards”):. (ia) The Project Site shall be maintained in conformance and in compliance with the approved Rehabilitation Plans, as finaled, and reasonable maintenance standards for comparable first quality affordable housing projects, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. The Project Site shall be maintained in good condition and in accordance with the custom and practice generally applicable to comparable first quality affordable apartment complexes in the County of Orange (the “County”). (iib) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iiic) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. Governmental Lender agrees to notify Borrower in writing if the condition of the Project Site does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Borrower to cure the deficiencies. Upon notification of any maintenance deficiency, Borrower shall have commenced to cure such deficiency within thirty (30) days and shall diligently act to correct, remedy or cure such deficiency within no more than sixty (60) days. If the written notification states the problem is urgent relating to the public health and safety of the City of Anaheim or Governmental Lender, then Borrower shall have forty-eight (48) hours to rectify the problem. In the event Borrower does not maintain the Project Site in the manner set forth herein and in accordance with the Maintenance Standards, Governmental Lender shall have, in addition to any other rights and remedies hereunder, the right to maintain the Project Site, or to contract for the correction of such deficiencies, after written notice to Borrower, and Borrower shall be responsible for the payment of all such costs incurred by Governmental Lender.

Appears in 1 contract

Samples: Affordable Housing Agreement

General Maintenance. Borrower Developer shall maintain the Project Site and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti, and in compliance with the all applicable provisions of the Anaheim Municipal CodeCity Codes. Borrower Developer shall maintain the improvements and landscaping on the Project Site in accordance with the Maintenance Standards (as hereinafter defined)) the improvements and landscaping on the Site. Such Maintenance Standards shall apply to all buildings, signage, common amenities, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Project Site and any and all al I other improvements on the Project SiteSite and the Project. To accomplish the maintenance, Borrower Developer shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. Borrower Developer and its maintenance staff, contractors or subcontractors shall comply with the following standards as to the Project (collectively, "Maintenance Standards"): (i) The Site and the Project Site shall be maintained in conformance and in compliance with the approved final as-built plans, and reasonable maintenance standards which comply with the industry standard for comparable first quality High Quality affordable housing projectsprojects in the County, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. The Project Site shall be maintained in good condition and in accordance with the industry custom and practice generally applicable to comparable first quality High Quality affordable apartment complexes housing projects in the County of Orange (the “County”). (ii) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iii) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. Governmental Lender City agrees to notify Borrower Developer in writing if the condition of the Project Site does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Borrower Developer to cure the deficiencies. Upon notification of any maintenance deficiency, Borrower shall Developer shal I have commenced to cure such deficiency within thirty (30) calendar days and shall diligently act within which to correct, remedy or cure such deficiency within no more than sixty (60) daysthe deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City of Anaheim or Governmental Lendersafety, then Borrower Developer shall have forty-eight (48) hours to rectify the problem. In the event Borrower Developer does not maintain the Project Site in the manner set forth herein and in accordance with the Maintenance Standards, Governmental Lender City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Project Site, or to contract for the correction of such deficiencies, after written notice to BorrowerDeveloper, and Borrower Developer shall be responsible for the payment of all such costs incurred by Governmental LenderCity.

Appears in 1 contract

Samples: Affordable Housing Agreement

General Maintenance. Borrower Developer shall maintain the Project Site and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti, and in compliance with the all applicable provisions of the Anaheim Municipal Code. Borrower Developer shall maintain the improvements and landscaping on the Project Site in accordance with the Maintenance Standards (as hereinafter defined)) the improvements and landscaping on the Site. Such Maintenance Standards shall apply to all buildings, signage, common amenities, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Project Site and any and all other improvements on the Project Site. Site and Phase I. To accomplish the maintenance, Borrower Developer shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. Borrower Developer and its maintenance staff, contractors or subcontractors shall comply with the following standards as to Phase I (collectively, “Maintenance Standards”): (ia) The Project Site shall be maintained in conformance and in compliance with the approved final as-built plans, and reasonable maintenance standards which comply with the industry standard for comparable first quality affordable housing projectsprojects in the County, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. The Project Site shall be maintained in good condition and in accordance with the industry custom and practice generally applicable to comparable first quality affordable apartment complexes housing projects in the County of Orange (the “County”). (iib) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iiic) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. Governmental Lender Authority agrees to notify Borrower Developer in writing if the condition of the Project Site does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Borrower Developer to cure the deficiencies. Upon notification of any maintenance deficiency, Borrower Developer shall have commenced to cure such deficiency within thirty (30) days and shall diligently act within which to correct, remedy or cure such deficiency within no more than sixty (60) daysthe deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City of Anaheim or Governmental Lendersafety, then Borrower Developer shall have forty-eight (48) hours to rectify the problem. In the event Borrower Developer does not maintain the Project Site in the manner set forth herein and in accordance with the Maintenance Standards, Governmental Lender Authority shall have, in addition to any other rights and remedies hereunder, the right to maintain the Project Site, or to contract for the correction of such deficiencies, after written notice to BorrowerDeveloper, and Borrower Developer shall be responsible for the payment of all such costs incurred by Governmental Lender.Authority.‌

Appears in 1 contract

Samples: Affordable Housing Agreement

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