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5. Ongoing maintenance, repair and upkeep of the Property and all improvements located <br />thereupon shall be provided by the Owner (including but not limited to controls on the <br />proliferation of trash and debris about the Property; the proper and timely removal of <br />graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or <br />weathered buildings, structures and/or improvements; the timely maintenance, repair and <br />upkeep of exterior paint, parking striping, pedestrian pathways/open space areas, lighting <br />and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom <br />fixtures, landscaping and related landscape improvements, repair and maintenance of the <br />sewer lateral that traverses the two parcels (APNs 410-301-11 and 410-301-10) that <br />comprise the Project, and the like, as applicable). <br />6. Intentionally omitted. <br />7. Owner and Applicant shall not assign its interest in the property or any interest in any lease, <br />sublease, license or sublicense, as applicable, unless the prospective assignee agrees in <br />writing to assume all of the duties and obligations and responsibilities set forth this <br />Agreement. <br />S. The surface of the driveways, fire lanes, vehicle parking areas, and public right-of-way <br />areas adjacent to the Property as depicted on the Property Site Plan shall be maintained <br />in a good and serviceable condition by the Owner, and shall be kept free of weeds, trash, <br />or other debris. <br />9. The removal of solid waste, trash, or other debris from the Property shall be undertaken by <br />a duly franchised solid waste hauler authorized to provide such services to commercial <br />properties in the City. <br />10. The outdoor trash storage enclosure shall screen all trash containers from view <br />11. Landscaping for the areas shown on the Property Site Plan shall be continuously <br />maintained by the Owner as per approved landscape plans in a good condition. <br />12. Lighting shall be provided in all parking areas, vehicular access ways, and along major <br />walkways, in accordance with the SAMC and approved by the Planning and Building <br />Divisions. <br />13. Exterior surfaces of the building ("Building") and all other structures, fixtures, or other <br />improvements located on the Property, shall be kept free and clear of graffiti. Graffiti <br />shall be promptly removed following the time of its application. Graffiti shall be <br />removed by either painting over the evidence of such graffiti with a paint that has been <br />color matched to the surface to which it is applied or graffiti may be removed with <br />solvents or detergents, as applicable. A failure by Owner to remove graffiti within <br />seven (7) days following its application on any structure, fixture or other improvement <br />located on the Property shall be deemed to be a Maintenance Deficiency as defined <br />below in Section 3(D). <br />14. The vehicle parkingareas shown on the Property Site Plan shall be maintained in a <br />good condition to facilitate the efficient loading and unloading of delivery truck areas <br />(limited to areas immediately adjacent to the Building) and parking within the American <br />with Disabilities Act complaint vehicle parking spaces for the Building as shown on the <br />Property Site Plan. <br />15. Any abandoned vehicle on the Property shall be promptly removed. <br />087057\16824605W 3 <br />