Common use of Maintenance of the Property Clause in Contracts

Maintenance of the Property. SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall protect, maintain, and preserve the PROPERTY in compliance with all applicable federal and state law and regulations and local ordinances. In addition, SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall maintain the PROPERTY, at its sole cost and expense, including, but not limited to improvements, both interior and exterior, and landscaping on the PROPERTY in a first class, clean, safe, sanitary and presentable condition consistent with community standards free from any accumulation of debris and waste, and in a manner which will uphold the value of the PROPERTY. This standard for the quality of maintenance of the PROPERTY shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the PROPERTY, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, in the event SUBRECIPIENT, or its successors and assigns, fails to maintain the PROPERTY in accordance with the standard for the quality of maintenance, the COUNTY or its designee shall have the right but not the obligation to enter the PROPERTY upon reasonable notice to SUBRECIPIENT (and the successor or assign that is then the owner of the PROPERTY), correct any violation, and hold SUBRECIPIENT, or such successors or assigns responsible for the cost thereof, and such cost, if unpaid after fifteen (15) days, shall be assessed as a lien against the PROPERTY with interest at the highest rate permitted by law.

Maintenance of the Property. SUBRECIPIENT covenants and agrees for itselfa. Developer, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall protect, maintain, and preserve the PROPERTY in compliance with all applicable federal and state law and regulations and local ordinances. In addition, SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall maintain the PROPERTY, at its sole cost and expense, including, but not limited to improvements, both interior and exterior, and landscaping Improvements on the PROPERTY Property in a first class, clean, safe, sanitary the same aesthetic and presentable sound condition consistent with community standards free from any accumulation of debris and waste, and in a manner which will uphold (or better) as the value condition of the PROPERTYProperty at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the PROPERTY Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the PROPERTYProperty, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings as needed and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. SUBRECIPIENT covenants and agrees for itselfIn the event Developer, its successors and or assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, in the event SUBRECIPIENT, or its successors and assigns, fails to maintain the PROPERTY Improvements in accordance with the standard for the quality of maintenance, the COUNTY City or its designee shall have the right but not the obligation to enter the PROPERTY Property upon reasonable notice to SUBRECIPIENT (and the successor or assign that is then the owner of the PROPERTY)Developer, correct any violation, and hold SUBRECIPIENTDeveloper, or such successors or assigns responsible for the cost thereof, and such cost, if unpaid after fifteen (15) daysuntil paid, shall be assessed as constitute a lien against on the PROPERTY Property. b. If City gives written notice to Developer that the maintenance or condition of the Property, the Leasehold or the Improvements, or any portion thereof or any other improvements thereon, does not comply with interest at this Agreement, Developer shall correct, remedy or cure the highest rate permitted deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Developer shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Developer shall have such additional period of time to complete a cure as is reasonably necessary, provided that Developer has commenced the cure within the 30- day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Developer fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property, the Leasehold or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Developer shall be responsible for payment of all such costs actually and reasonably incurred by lawCity and such payment shall constitute a lien on the Property or the Leasehold (as applicable) until paid by Developer pursuant to California Civil Code Section 2881.

Maintenance of the Property. SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, Borrower shall protect, maintain, maintain and preserve the PROPERTY Project and the Property in compliance with all applicable federal good condition and state law repair, excepting reasonable wear and regulations and local ordinances. In addition, SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall maintain the PROPERTY, at its sole cost and expense, including, but not limited to improvements, both interior and exterior, and landscaping on the PROPERTY in a first class, clean, safe, sanitary and presentable condition consistent with community standards free from any accumulation of debris and wastetear, and in a prudent and businesslike manner. Restoration of damaged improvements shall be made to a condition as good as existed prior to the damage. Borrower shall complete promptly and in a good and workmanlike manner any improvements which will uphold may now or hereafter be constructed on the value Project or the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the PROPERTYProject and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. This standard for the quality of maintenance of the PROPERTY Borrower shall be met whether or not a specific item of maintenance is listed below. Howevermaintain abutting grounds, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failuresidewalks, roads, parking, and immediate repainting or repair or replacement landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of all surfacesits own choice, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the PROPERTYupon reasonable notice, on-site walks inspections and paved observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate in order to monitor Borrower’s compliance with the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including the following: a. Scheduled preventative maintenance and repair of installed equipment in accordance with manufacturers’ recommendations. b. Routine repairs to kitchen appliances, electrical, plumbing and heating equipment. c. Intentionally Omitted. d. Preventative regular inspections of common areas and washing-down equipment as necessary to maintain clean surfaces; well as regular schedules (daily, weekly, monthly, quarterly, etc.) for maintaining the same. This will include maintenance of all landscaping exterior areas to keep grounds free of graffiti, litter, trash and paper. Parking areas will be maintained in a healthy good repair and attractive condition, including trimming, fertilizing free from dirt and replacing vegetation litter. Common areas such as necessary; cleaning windows hallways and laundry rooms will be swept and cleaned on a regular basis; painting the buildings prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENTbut not less than once weekly, and its successors kept free of trash and assignsother debris. Garbage removal will be provided through arrangements with a contractor, in the event SUBRECIPIENT, or its successors consistent with applicable City ordinances. The trash areas will be swept daily and assigns, fails scrubbed with disinfectant when necessary. Extermination services will be contracted with to provide pest control consistent with high quality apartment management practices. e. Contract with a landscape firm to maintain the PROPERTY landscaped areas in accordance with an attractive and healthy condition. f. Interior painting and carpet cleaning or replacement in individual rooms shall be based on need, substantiated by the standard for the quality of maintenanceannual physical inspection, the COUNTY or as occupancy changes, or as Borrower or its designee shall have the right but not the obligation to enter the PROPERTY upon reasonable notice to SUBRECIPIENT (and the successor or assign that is then the owner of the PROPERTY), correct any violation, and hold SUBRECIPIENT, or such successors or assigns responsible for the cost thereof, and such cost, if unpaid after fifteen (15) days, shall be assessed as a lien against the PROPERTY with interest at the highest rate permitted by lawmanagement agent may otherwise deem necessary.

Maintenance of the Property. SUBRECIPIENT Participant covenants and agrees for itselfto --------------------------- maintain all improvements on the Property in good condition and repair (and, its successors as to landscaping, in a healthy condition) and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereofaccordance with all other applicable laws, that SUBRECIPIENTrules, ordinances, orders, and its successors regulations of all federal, state, county, municipal, and assignsother governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. In addition, Participant shall keep the Property free from all graffiti and any accumulation of debris or waste material. Participant shall make all repairs and replacements necessary to keep the improvements in good condition and repair and shall promptly eliminate all graffiti and replace dead and diseased plants and landscaping with comparable approved materials. In the event that Participant breaches any of the covenants contained in this Paragraph --------- 5.2 and such default continues for a period of five (5) business days after --- written notice from Agency (with respect to landscaping, graffiti, debris, waste material, and general maintenance) or thirty (30) days after written notice from Agency (with respect to building improvements), then Agency and/or City, in addition to whatever other remedy it may have at law or in equity, shall have the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the default. Pursuant to such right of entry, Agency and/or City shall be permitted (but are not required) to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the PROPERTY in compliance with all applicable federal improvements and state law and regulations and local ordinances. In addition, SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in landscaped areas on the PROPERTY or any part thereof, that SUBRECIPIENTProperty, and its successors and assigns, shall maintain the PROPERTY, at its sole cost and expense, including, but not limited to improvements, both interior and exterior, and landscaping attach a lien on the PROPERTY in a first classProperty, clean, safe, sanitary and presentable condition consistent with community standards free from any accumulation of debris and waste, and in a manner which will uphold or to assess the value of the PROPERTY. This standard for the quality of maintenance of the PROPERTY shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the PROPERTY, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assignsProperty, in the event SUBRECIPIENTamount of the expenditures arising from such acts and work of protection, or its successors and assigns, fails to maintain the PROPERTY in accordance with the standard for the quality of maintenance, and preservation by Agency and/or City and/or costs of such cure, including a fifteen percent (15%) administrative charge, which amount shall be promptly paid by Participant to Agency upon demand. In addition to any other remedy that Agency may have, it shall be entitled to pay to the COUNTY City the amount of any duly imposed assessments against the Property, and to reduce the Specified Amount in a corresponding sum. Such assessments might include, but shall not be limited to, the amounts required for parking lot maintenance, landscape maintenance, graffiti removal or its designee debris or hazardous waste removal. No such assessment shall be made unless the provisions of this Agreement have the right but not the obligation to enter the PROPERTY upon reasonable notice to SUBRECIPIENT (been complied with and the successor or assign that is then the owner of the PROPERTY), correct any violation, and hold SUBRECIPIENT, or such successors or assigns responsible for the cost thereof, and such cost, if unpaid after fifteen (15) days, shall be assessed as a lien against the PROPERTY with interest at the highest rate permitted by lawCity's nuisance abatement procedures.

Maintenance of the Property. SUBRECIPIENT covenants and agrees for itselfa. Commission, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall protect, maintain, and preserve the PROPERTY in compliance with all applicable federal and state law and regulations and local ordinances. In addition, SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall maintain the PROPERTY, at its sole cost and expense, including, but not limited to improvements, both interior and exterior, and landscaping Improvements on the PROPERTY Property in a first class, clean, safe, sanitary the same aesthetic and presentable sound condition consistent with community standards free from any accumulation of debris and waste, and in a manner which will uphold (or better) as the value condition of the PROPERTYProperty at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the PROPERTY Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the PROPERTYProperty, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings as needed and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. SUBRECIPIENT covenants and agrees for itselfIn the event Commission, its successors and or assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, in the event SUBRECIPIENT, or its successors and assigns, fails to maintain the PROPERTY Improvements in accordance with the standard for the quality of maintenance, the COUNTY City or its designee shall have the right but not the obligation to enter the PROPERTY Property upon reasonable notice to SUBRECIPIENT (and the successor or assign that is then the owner of the PROPERTY)Commission, correct any violation, and hold SUBRECIPIENTCommission, or such successors or assigns responsible for the cost thereof, and such cost, if unpaid after fifteen (15) daysuntil paid, shall be assessed as constitute a lien against on the PROPERTY Property. b. If City gives written notice to Commission that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with interest at this Agreement, Commission shall correct, remedy or cure the highest rate permitted deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Commission shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission shall be responsible for payment of all such costs actually and reasonably incurred by lawCity and such payment shall constitute a lien on the Property until paid by Commission pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the Property.

Maintenance of the Property. SUBRECIPIENT covenants and agrees for itselfa. Owner, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall protect, maintain, and preserve the PROPERTY in compliance with all applicable federal and state law and regulations and local ordinances. In addition, SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall maintain the PROPERTYProperty and Improvements in materially the same aesthetic and sound condition (or better) as the condition existing at the time City issues a Release of Construction Covenants pursuant to the Agreement, at its sole cost reasonable wear and expense, including, but not limited to improvements, both interior and exterior, and landscaping on the PROPERTY in a first class, clean, safe, sanitary and presentable condition consistent with community standards free from any accumulation of debris and waste, and in a manner which will uphold the value of the PROPERTYtear excepted. This standard for the quality of maintenance of the PROPERTY Property shall be met whether or not a specific item of maintenance is listed below. However, representative Representative items of maintenance shall shall, however, include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the PROPERTYProperty, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings on a regular program and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-leak- free and weather-tight condition; maintaining security devices in good working order. SUBRECIPIENT covenants and agrees for itselfIn the event Owner, its successors and or assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, in the event SUBRECIPIENT, or its successors and assigns, fails to maintain the PROPERTY Improvements in accordance with the standard for the quality of maintenance, the COUNTY City or its designee shall have the right but not the obligation to enter the PROPERTY Property upon reasonable notice to SUBRECIPIENT (and the successor or assign that is then the owner of the PROPERTY)Owner, correct any violation, and hold SUBRECIPIENTOwner, or such successors or assigns responsible for the cost thereof, and such cost, if unpaid after fifteen (15) daysuntil paid, shall be assessed as constitute a lien against on the PROPERTY Property; provided, that any such lien shall at all times be subordinate to and shall not defeat, render invalid, or limit any Permitted Mortgage instrument (as that term is defined in the Agreement). b. If all or any portion of the Property or the Improvements are damaged or destroyed by fire or other casualty, it shall be the duty of Owner to rebuild, repair or reconstruct the Property in a timely manner to restore it substantially to the condition described in Section 4.d(1) above; provided, however, under such circumstances, Owner shall be entitled to modify the Property or the Improvements in order to comply with interest revisions or modifications in applicable building codes and other applicable regulations, construction materials and techniques or demonstrable changes in market conditions or demands, all subject to City’s prior written approval, not to be unreasonably withheld, conditioned or delayed. c. If the Property or the Improvements are damaged or destroyed by casualty, Owner may not, without the prior written consent of the City, reconstruct, rebuild or repair the Property in a manner which will provide different exterior appearance and lot design from that which existed prior to the date of the casualty; provided, however, under such circumstances, Owner shall be entitled to modify the Property or the Improvements in order to comply with revisions or modifications in applicable building codes and other applicable regulations, construction materials and techniques or demonstrable changes in market conditions or demands, all subject to City’s prior written approval, not to be unreasonably withheld, conditioned or delayed. d. In the event of damage or destruction due to casualty, Owner shall be obligated to proceed to commence reconstruction with all appropriate dispatch and due diligence, taking into account such conditions outside of Owner’s control as the requirement to demolish the Improvements, adjust insurance claims, secure required governmental approvals and permits, the availability of necessary labor and materials and the condition of the Property following an event of damage or destruction and, thereafter, to complete reconstruction with commercially reasonable diligence, again subject to conditions and causes beyond the reasonable control of Owner. e. If City gives written notice to Owner that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Owner shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Owner shall cure such deficiency within forty- eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Owner shall have such additional period of time to complete a cure as is reasonably necessary, provided that Owner has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Owner fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Owner shall be responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on the Property or the Improvements (as applicable) until paid by Owner pursuant to California Civil Code Section 2881; provided, that any such lien shall at all times be subordinate to and shall not defeat, render invalid, or limit any Permitted Mortgage instrument (as that term is defined in the highest rate permitted by lawAgreement).

Maintenance of the Property. SUBRECIPIENT covenants and agrees for itselfa. Commission, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall protect, maintain, and preserve the PROPERTY in compliance with all applicable federal and state law and regulations and local ordinances. In addition, SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall maintain the PROPERTY, at its sole cost and expense, including, but not limited to improvements, both interior and exterior, and landscaping Improvements on the PROPERTY in a first class, clean, safe, sanitary Propertiesin the same aesthetic and presentable sound condition consistent with community standards free from any accumulation of debris and waste, and in a manner which will uphold (or better) as the value condition of the PROPERTYProperties at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the PROPERTY shall Propertiesshall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the PROPERTYProperties, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings as needed and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. SUBRECIPIENT covenants and agrees for itselfIn the event Commission, its successors and or assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, in the event SUBRECIPIENT, or its successors and assigns, fails to maintain the PROPERTY Improvements in accordance with the standard for the quality of maintenance, the COUNTY City or its designee shall have the right but not the obligation to enter the PROPERTY Properties upon reasonable notice to SUBRECIPIENT (and the successor or assign that is then the owner of the PROPERTY)Commission, correct any violation, and hold SUBRECIPIENTCommission, or such successors or assigns responsible for the cost thereof, and such cost, if unpaid after fifteen (15) daysuntil paid, shall be assessed as constitute a lien against on the PROPERTY Properties. b. If City gives written notice to Commission that the maintenance or condition of the Properties or the Improvements, or any portion thereof or any other improvements thereon, does not comply with interest at this Agreement, Commission shall correct, remedy or cure the highest rate permitted deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Commission shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Properties or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission shall be responsible for payment of all such costs actually and reasonably incurred by lawCity and such payment shall constitute a lien on the Properties until paid by Commission pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the Properties.

Maintenance of the Property. SUBRECIPIENT covenants and agrees for itselfa. Owner, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall protect, maintain, and preserve the PROPERTY in compliance with all applicable federal and state law and regulations and local ordinances. In addition, SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall maintain the PROPERTY, at its sole cost and expense, including, but not limited to improvements, both interior and exterior, and landscaping Improvements on the PROPERTY Property in a first class, clean, safe, sanitary the same aesthetic and presentable sound condition consistent with community standards free from any accumulation of debris and waste, and in a manner which will uphold (or better) as the value condition of the PROPERTYProperty at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the PROPERTY Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the PROPERTYProperty, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings on a regular program and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. SUBRECIPIENT covenants and agrees for itselfIn the event Owner, its successors and or assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, in the event SUBRECIPIENT, or its successors and assigns, fails to maintain the PROPERTY Improvements in accordance with the standard for the quality of maintenance, the COUNTY City or its designee shall have the right but not the obligation to enter the PROPERTY Property upon reasonable notice to SUBRECIPIENT (and the successor or assign that is then the owner of the PROPERTY)Owner, correct any violation, and hold SUBRECIPIENTOwner, or such successors or assigns responsible for the cost thereof, and such cost, if unpaid after fifteen (15) daysuntil paid, shall be assessed as constitute a lien against on the PROPERTY Property. b. If City gives written notice to Owner that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with interest at this Agreement, Owner shall correct, remedy or cure the highest rate permitted deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Owner shall cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Owner shall have such additional period of time to complete a cure as is reasonably necessary, provided that Owner has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Owner fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Owner shall be responsible for payment of all such costs actually and reasonably incurred by lawCity and such payment shall constitute a lien on the Property until paid by Owner pursuant to California Civil Code Section 2881.

Maintenance of the Property. SUBRECIPIENT covenants and agrees for itselfa. Owner, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall protect, maintain, and preserve the PROPERTY in compliance with all applicable federal and state law and regulations and local ordinances. In addition, SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall maintain the PROPERTY, at its sole cost and expense, including, but not limited to improvements, both interior and exterior, and landscaping Improvements on the PROPERTY Property in a first class, clean, safe, sanitary the same aesthetic and presentable sound condition consistent with community standards free from any accumulation of debris and waste, and in a manner which will uphold (or better) as the value condition of the PROPERTYProperty at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the PROPERTY Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the PROPERTYProperty, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings on a regular program and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. SUBRECIPIENT covenants and agrees for itselfIn the event Owner, its successors and or assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, in the event SUBRECIPIENT, or its successors and assigns, fails to maintain the PROPERTY Improvements in accordance with the standard for the quality of maintenance, the COUNTY City or its designee shall have the right but not the obligation to enter the PROPERTY Property upon reasonable notice to SUBRECIPIENT (and the successor or assign that is then the owner of the PROPERTY)Owner, correct any violation, and hold SUBRECIPIENTOwner, or such successors or assigns responsible for the cost thereof, and such cost, if unpaid after fifteen (15) daysuntil paid, shall be assessed as constitute a lien against on the PROPERTY Property. b. If City gives written notice to Owner that the maintenance or condition of the Property, the Leasehold or the Improvements, or any portion thereof or any other improvements thereon, does not comply with interest at this Agreement, Owner shall correct, remedy or cure the highest rate permitted deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Owner shall cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Owner shall have such additional period of time to complete a cure as is reasonably necessary, provided that Owner has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Owner fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property, the Leasehold or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Owner shall be responsible for payment of all such costs actually and reasonably incurred by lawCity and such payment shall constitute a lien on the Property or the Leasehold (as applicable) until paid by Owner pursuant to California Civil Code Section 2881.