Common use of Maintenance Covenants Clause in Contracts

Maintenance Covenants. Commencing on the First Closing and terminating 30 years thereafter, the Retail Developer and Residential Developer shall maintain the Retail Component Property and the Residential Component Property, respectively, and all respective improvements thereon, including all landscaping, in full compliance with the terms of all applicable provisions of the City Municipal Code, and in compliance with industry standards for a first class retail shopping center as to the Retail Component and first class residential as to the Residential Component, respectively. Without limiting the forgoing, the Retail Developer shall specifically maintain the Retail Component and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti and in accordance with the “Maintenance Standards” hereinafter defined. Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Retail Component and any and all other improvements on the Retail Component Property. To accomplish the maintenance, Developer shall either staff or contract with and hire 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. In addition, Developer shall comply with the Environmental Deed Restrictions during the term of its ownership. The following maintenance standards (the “Maintenance Standards”) shall be complied with by Developer and its maintenance staff, contractors or subcontractors, in addition to any requirements or restrictions imposed by the Responsible Agencies: (i) All improvements to the Residential Component Property and the Retail Component Property shall be maintained by the applicable Developer in conformance and in compliance with the reasonable commercial or residential development maintenance standards, as applicable, for similar first quality developments in California, 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. (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. Upon notification of any maintenance deficiency, Developer shall have thirty (30) days within which to correct, remedy or cure the deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City or the City, then Developer shall have forty- eight (48) hours to rectify the problem.

Maintenance Covenants. Commencing on the First Closing Close of Escrow and terminating 30 years thereafter, the Retail Developer and Residential Developer shall maintain the Retail Component Property and the Residential Component Property, respectively, Applicable Parcel and all respective improvements thereon, including the Public Plaza and all landscaping, in full compliance with the terms of all applicable provisions of the City Municipal Code, and in compliance with industry standards for a first class retail shopping center as to the Retail Component and first class residential as to the Residential Component, respectivelycenter. Without limiting the forgoing, the Retail Developer shall specifically maintain the Retail Component Applicable Parcel and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti and in accordance with the “Maintenance Standards” hereinafter defined. Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Retail Component Applicable Parcel and any and all other improvements on the Retail Component PropertyApplicable Parcel. To accomplish the maintenance, Developer shall either staff or contract with and hire 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. In addition, Developer shall comply with the Environmental Deed Restrictions during the term of its ownership. ownership.‌ The following maintenance standards (the “Maintenance Standards”) shall be complied with by Developer and its maintenance staff, contractors or subcontractors, in addition to any requirements or restrictions imposed by the Responsible Agencies: (i) All improvements to the Residential Component Property and the Retail Component Property Applicable Parcel shall be maintained by the applicable Developer in conformance and in compliance with the reasonable commercial or residential development maintenance standards, as applicable, standards for similar first quality developments retail commercial shopping centers in California, 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. (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. . (iv) Upon notification of any maintenance deficiency, Developer shall have thirty (30) days within which to correct, remedy or cure the deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City or the CityAgency, then Developer shall have forty- forty-eight (48) hours to rectify the problem.

Maintenance Covenants. Commencing on the First Closing completion of the Agency Improvements by the Agency and terminating 30 years thereafter, the Retail Developer and Residential Developer Participant shall maintain the Retail Component Participant Property and the Residential Component Property, respectively, and all respective improvements thereon, including all landscaping, in full compliance with the terms of all applicable provisions of the City Municipal Code, and, if the Participant Improvements are constructed, construction and operation shall be in compliance with industry standards for a first class retail shopping center as to the Retail Component and first class residential as to the Residential Component, respectivelyself storage facilities. Without limiting the forgoing, the Retail Developer Participant shall specifically maintain the Retail Component Participant Property and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti and in accordance with the “Maintenance Standards” hereinafter defined. Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Retail Component Participant Property and any and all other improvements on the Retail Component Participant Property. To accomplish the maintenance, Developer Participant shall either staff or contract with and hire 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. In addition, Developer Participant shall comply with the Environmental Deed Restrictions during the term of its ownershipOperations, Maintenance and Monitoring Plan. The following maintenance standards (the “Maintenance Standards”) shall be complied with by Developer Participant and its maintenance staff, contractors or subcontractors, in addition to any requirements or restrictions imposed by the Responsible Regulatory Agencies: (ia) All improvements to the Residential Component Property and the Retail Component Participant Property shall be maintained by the applicable Developer in conformance and in compliance with the reasonable commercial or residential development maintenance standards, as applicable, standards for similar first quality developments self storage facility in California, 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 curblineimprovements. (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. . (d) Upon notification of any maintenance deficiency, Developer Participant shall have thirty (30) days within which to correct, remedy or cure the deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City or the CityAgency, then Developer Participant shall have forty- forty-eight (48) hours to rectify the problem.

Maintenance Covenants. Commencing on the First Closing Close of Escrow and terminating 30 years thereafter, the Retail Developer and Residential Developer shall maintain the Retail Component Property and the Residential Component Property, respectively, Site and all respective improvements thereon, including the Festival Green and all landscaping, in full compliance with the terms of all applicable provisions of the City Municipal Code, and in compliance with industry standards for a first class retail shopping center as to the Retail Component and first class residential as to the Residential Component, respectivelycenter. Without limiting the forgoing, the Retail Developer shall specifically maintain the Retail Component Site and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti and in accordance with the “Maintenance Standards” hereinafter defined. Such Maintenance Standards shall apply to all buildings, signage, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Retail Component Site and any and all other improvements on the Retail Component PropertySite. To accomplish the maintenance, Developer shall either staff or contract with and hire 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. In addition, Developer shall comply with the Environmental Deed Restrictions during the term of its ownership. The following maintenance standards (the “Maintenance Standards”) shall be complied with by Developer and its maintenance staff, contractors or subcontractors, in addition to any requirements or restrictions imposed by the Responsible Agencies: (i) All improvements to the Residential Component Property and the Retail Component Property Site shall be maintained by the applicable Developer in conformance and in compliance with the reasonable commercial or residential development maintenance standards, as applicable, standards for similar first quality developments retail commercial shopping centers in California, 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. (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. . (iv) Upon notification of any maintenance deficiency, Developer shall have thirty (30) days within which to correct, remedy or cure the deficiency. If the written notification states the problem is urgent relating to the public health and safety of the City or the City, then Developer shall have forty- forty-eight (48) hours to rectify the problem.