75A - CREVIER DEVELOPMENT AGMT. - Laserfiche WebLink

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Section 416. Maintenance of the Site Solely at the Developer's expense, after close of escrow Developer shall maintain or cause to be maintained the Property and all improvements thereon (including but not limited to the landscaping) in good order, condition and appearance. Developer shall keep the Property reasonably fTee fTom any debris and waste material. If, at any time, Developer fails to maintain, or cause to be maintained, the Property as required by this section, and said condition is not corrected after the expiration of a reasonable period oftime not to exceed thirty (30) days fTom the date of written notice fTom the Agency, unless such condition cannot reasonably be cured within thirty (30) days, in which case the Developer shall have such additional time as reasonably necessary to complete such cure, either the Agency or the City may perform the necessary landscape or other maintenance and Developer shall pay all costs incurred for such maintenance. Section 4 I 7. Effect and Duration of Covenants The covenants established in this Article shall, without regard to technical classification and designation, be binding on Developer and any successor in interest to its interest in the Property or any part thereof or any improvements thereon for the benefit and in favor of the Agency, its successors and assigns, and the City. The covenant against discrimination shall remain in effect in perpetuity. ARTICLE V - ADDITIONAL DEVELOPER COVENANTS Section SOl. Point of Sale A. Developer agrees that so long as it sells or leases automobiles fTom the Property that the "point of sale" for sales tax purposes for all sales (and initial payments associated with leases) of automobiles (BMW and Mini makes), and all other related goods, including service, parts and accessories, shall be the City of Santa Ana. Notwithstanding the foregoing, nothing herein shall limit or prevent Developer fTom selling or leasing BMW's or Mini's fTom an additional BMW or Mini new car fTanchise outside the City of Santa Ana. B. Developer agrees that it shall not discontinue sales and leasing of its BMW or Mini makes (lines) fTom its operation in the City of Santa Ana without the prior written consent of the Agency Board of Directors, which shall not be unreasonably withheld or delayed, and that Developer shall not transfer its current operation of sales or leases of new or used BMW or Mini manufactured automobiles to Crevier Leasing Company, Inc., a California corporation. C. The obligations provided for in this Section SOl shall survive close of escrow and continue for the life of the Redevelopment Plan or Project Area (as it may be amended fTom time to time). Section 502. Developer agrees that in addition to City imposed conditions as specified in its approvals, Developer shall be responsible to construct and maintain or cause the 21