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ARTICLE 5
<br />SPECIAL DEVELOPMENT COVENANTS OF THE DEVELOPER
<br />5.1 Maintenance Condition of the Property. The Developer for itself, its
<br />successors and assigns, covenants and agrees that:
<br />5.1.1 Maintenance Standard. The entirety of the Property and the Project shall
<br />be maintained by the Developer at Developer's cost in good condition and repair and in a neat,
<br />clean and orderly condition, ordinary wear and tear and casualty excepted, including, without
<br />limitation, maintenance, repair, reconstruction and replacement of any and all asphalt, concrete,
<br />landscaping, utility systems, irrigation systems, drainage facilities or systems, grading,
<br />subsidence, retaining walls or similar support structures, foundations, signage, ornamentation,
<br />and all other improvements on or to the Property, now existing or made in the future by or with
<br />the consent of the Developer, as necessary to maintain the appearance and character of the
<br />Project and the Property. The Developer's obligation to maintain the Project and the Property
<br />described in the immediately preceding sentence shall include, without limitation: (i)
<br />maintaining the surfaces in a level, smooth and evenly covered condition with the type of
<br />surfacing material originally installed or such substitute as shall in all respects be equal in
<br />quality, use, and durability; (ii) removing all papers, mud, sand, debris, filth and refuse and
<br />thoroughly sweeping areas to the extent reasonably necessary to keep areas in a clean and
<br />orderly condition; (iii) removing or covering graffiti with the type of surface covering originally
<br />used on the affected area, (iv) placing, keeping in repair and replacing any necessary and
<br />appropriate directional signs, markers and lines; (v) operating, keeping in repair and replacing
<br />where necessary, such artificial lighting facilities as shall be reasonably required; (vi) providing
<br />security services as reasonably indicated; and (vii) maintaining, mowing, weeding, trimming
<br />and watering all landscaped areas and making such replacements of plants and other
<br />landscaping material as necessary to maintain the appearance and character of the landscaping,
<br />all at the sole cost and expense of the Developer. The Developer's obligation to maintain the
<br />Project and the Property described in the two immediately preceding sentences is, collectively,
<br />referred to in this Agreement as the "Maintenance Standard." The Developer may contract with
<br />a maintenance contractor to provide for performance of all or part of the duties and obligations
<br />of the Developer with respect to the maintenance of the Project and the Property; provided,
<br />however, that the Developer shall remain responsible and liable for the maintenance of the
<br />Project and the Property, at all times.
<br />5.1.2 Maintenance Deficiency. If, at any time following the execution of the
<br />Lease, there is an occurrence of an adverse condition on any area of the Project or the Property
<br />in contravention of the Maintenance Standard (each such occurrence being a "Maintenance
<br />Deficiency"), then the City may Notify the Developer in writing of the Maintenance Deficiency.
<br />If the Developer fails to cure or commence and diligently pursue to cure the Maintenance
<br />Deficiency within thirty (30) calendar days following the Developer's receipt of Notice of the
<br />Maintenance Deficiency, the City may conduct a public hearing, following transmittal of
<br />written Notice of the hearing to the Developer, at least, ten (10) days prior to the scheduled date
<br />of such public hearing, to verify whether a Maintenance Deficiency exists and whether the
<br />Developer has failed to comply with the provisions of this Section 5.1. If, upon the conclusion
<br />of the public hearing, the City finds that a Maintenance Deficiency exists and remains uncured,
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<br />75A-26
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