Item 30 - Commercial Property Compliance Assistance Program

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Page | 30 2. The Improvements shall be in ongoing compliance with the approved design and construction parameters, signage parameters, and restrictions, as well as landscape designs, as applicable. 3. Ongoing maintenance, repair and upkeep of the Improvements shall be provided by the Owner (including but not limited to controls on the proliferation of trash and debris about the Property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, pedestrian pathways/open space areas, lighting and irrigation fixtures, walls and fencing, landscaping and related landscape improvements, and the like, as applicable). B. City Right to Conduct Maintenance and Repairs. Owner hereby confers upon the City the right but not the obligation to conduct maintenance and repairs on the Improvements as required in Section 3. Such powers 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 Improvements or any portion thereof and other persons who reside in the vicinity of the Improvements and the entire City. C. City Right to Enforce. The right and power of the City to enforce the maintenance obligations of Owner herein 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, notwithstanding this Section 3, enforce the law as relates to the abatement or elimination of a public nuisance regarding the Improvements or enforce any provision or conditions of approval of a building or development permit issued for the Improvements 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 this term is defined in Section 3(D) of this Agreement. D. Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the maintenance and repair obligations referenced in Section 3(A) (such failure hereinafter referred to as a “Maintenance Deficiency”), the City shall issue written notice of such Maintenance Deficiency to Owner. E. Maintenance Deficiencies. Owner shall comply with any issuance of a Notice of Maintenance Deficiency within the timeframe specified by the Code Enforcement Division to cure the Maintenance Deficiency identified in such Notice. Within the timeframe specified by the Code Enforcement Division in the notice of a 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 and the reason why such additional time is needed under the circumstances; and (ii) what steps Owner have already taken to commence the cure of the Maintenance Deficiency. The City, in its reasonable discretion, may grant, conditionally grant or deny any written request for additional time as determined by the Code Enforcement Manager. The City shall be under no obligation to consider untimely submitted time extension requests or requests which fail to provide any of the information required above. F. Removal of Graffiti. Owner hereby further covenants and agrees to keep the exterior surfaces of the Improvements located on the Property free and clear of graffiti. Graffiti shall be