KUDA, LAWRENCE M., TRUSTEE OF THE KUDA FAMILY SURVIVING GRANTORS TRUST, AND BRUCE METAL AND SALVAGE, INC.

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Doousign Envelope ID:9CBEDCE3-696B-4C56-9FC6-3A8DE9663BF9 responsibilities set forth under this agreement. 7. The surface of the driveways,fire lanes,vehicle parking areas, and public right-of-way areas adjacent to the Property as depicted on the Site Plan, attached as Attachment B and incorporated herein by reference, shall be maintained in a good and serviceable condition by the Owner, and shall be kept free of weeds,trash,or other debris. 8. While the Parties understand that Owner is limited in its ability to lawfully address certain activities conducted in the right-of-way or on adjacent streets, Owner shall take all reasonable efforts to discourage and address loitering in and around the Property as well as related unlawful actions, including, but not limited to, the dismantling and discarding of bicycle and bicycle parts. 9. The removal of solid waste,trash, or other debris from the Property shall be undertaken by a duly franchised solid waste hauler authorized to provide such services to commercial properties in the City. 10. Exterior surfaces of the buildings, structures, fixtures, or other improvements located on the Property, shall be kept free and clear of graffiti. Graffiti shall be removed within twenty-four(24)hours following the time of its application. Graffiti shall be removed by either painting over the evidence of such graffiti with a paint that has been color matched to the surface to which it is applied, or graffiti may be removed with solvents or detergents, as applicable. A failure by the Owner to remove graffiti within twenty- four(24)hours following its application on any structure, fixture or other improvement located on the Property shall be deemed to be a Maintenance Deficiency as defined below in Section 7(d), unless circumstances exist, such as inclement weather, that prevent its removal within this period, in which case, graffiti shall be removed as promptly thereafter as circumstances permit. 11. Vehicles utilized for ingoing and outgoing deliveries to the Property shall not exceed the 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. 12. The idling of vehicles, including delivery vehicles, is prohibited within the Property or adjacent streets.Fox purposes of this Agreement, "idling"refers to the running of a vehicle's (including those used for incoming and outgoing deliveries to the Property) engine when such vehicle is not in motion for more than five (5) minutes, including when such vehicle is parked outside of any building or structure, or otherwise stationary with the engine running. B. The Owner Confers to the City Right to Conduct Maintenance and Repairs.The Owner, on behalf of itself, its successors and assigns 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) of this Agreement, subject to the conditions of Section 3(C). Such powers under Section 3(B) of this Agreement are conferred by the 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 ownership interest in the Property or any interest in any lease, sublease, license or sublicense of the Property shall be conveyed unless the prospective recipient of such interest agrees in writing to assume all duties, obligations, and responsibilities set forth in this Agreement. 73183404v1 3