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weight limits set forth by the Department of Transportation Federal Highway Administration applicable to Class 1 through Class 7 type -vehicles, so long as no such vehicle exceeds forty (40) feet in length. IS. The idling of vehicles, including delivery vehicles, is prohibited within the Property or adjacent streets. For purposes of this Agreement, "idling" refers to the running of a vehicle's engine (including those used for incoming and outgoing deliveries at the Building) when such vehicle is not in motion for more than five (5) minutes, including when such vehicle is parked outside the Building or otherwise stationary with the engine running. 19. All operations of any preapproved mechanical equipment shall be conducted within the Building and that all openings to the Building shall be maintained in a closed position during the usage of such mechanical equipment usage. B. Owner Confers to City Right to Conduct Maintenance and R airs Owner hereby confers upon the City the right but not the obligation to conduct maintenance and repairs on the Property as required in Section 3(A) above, subject to the conditions of Section 3(C) below. Such powers under this Section 3(B) are conferred by Owner on the City for the benefit of the City to provide for the health, safety and welfare of all persons who use the Project or any portion thereof and other persons who reside in the vicinity of the Project and the entire City. No transfer of the fee simple interest in the Property shall be conveyed unless the prospective transferee of such fee simple interest agrees in writing to assume all duties, obligations, and responsibilities set forth in this Agreement. C. City Right to Enforce. The right and power of the City to enforce the maintenance and repair obligations of Owner shall not be deemed to arise by virtue of this Section 3 alone. Any provision of this Agreement to the contrary notwithstanding, the City may, by public nuisance abatement proceeding, and/or by the initiation of an action at law or in equity, enforce the law as relates to the abatement or elimination of a public nuisance at the Property or enforce any provision or conditions of approval of a building or development permit issued for the Property by the City. It shall be presumed that the City is proceeding under the general municipal policy powers reserved to the City under this Section 3(C) if the City issues a written notice of "Maintenance Deficiency" as defined in Section 3(D) below. D. Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the maintenance and repair obligations referenced in this Agreement prior to the applicable cure period (such failure hereinafter referred to as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance Deficiency to Owner, as provided in Section 13 below ("Notice of Maintenance Deficiency"). E. Maintenance Deficiencies. Owner shall comply with any issuance of a Notice of Maintenance Deficiency within the timeframe specified by the City's Code Enforcement Division to cure the Maintenance Deficiency identified in such Notice of Maintenance Deficiency. Within the timeframe specified by the City's Code Enforcement Division with respect to the Notice of Maintenance Deficiency, Owner may submit a written request to the City seeking additional time to cure the Maintenance Deficiency. Each such written request for additional time shall describe and specify in detail (i) which tasks require additional time to complete the cure of the Maintenance Deficiency, (ii) the reason why such additional time is needed under the circumstances, and (iii) what steps Owner has already taken to commence the cure of the Maintenance Deficiency. The City, in its reasonable discretion, may grant, CAB 8.28.19 4