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

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Docuslgn Envelope ID:9CBEDCE3-696B-4C55-9FC6-3A8DE9663BF9 C. City Right to Enforce. The right and power of the City to enforce the maintenance, repair and replacement obligations of the Owner 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 at the Property or enforce any provision or conditions of approval of a building or development permit issued for the Property 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 the 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 the Owner, as provided in Section 13 of this Agreement. E. Maintenance Deficiencies. The 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,the 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; (ii) what steps the Owner has 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. City May Cure Maintenance Deficiency. I. In the event the Owner fails to cure a Maintenance Deficiency within the time allowed, the City may initiate a public hearing pursuant to Section 41-651 of the SAMC. At such a public hearing the City shall consider such evidence and testimony of interested persons as may be relevant to the matter. If upon the conclusion of a public hearing,the City makes a written finding that a Maintenance Deficiency exists and that there appears to be non-compliance with the maintenance and repair obligations referenced in Section 3(A) of this Agreement, the City shall have the right to record the notice described in Section 3(I) of this Agreement and thereafter the City may enter upon or otherwise access the Property for the purpose of curing the Maintenance Deficiency without further notice to the Owner. 2. The foregoing notwithstanding, the City, without notice to the Owner, shall have the right to enter the Property and remove graffiti, solid waste,trash, or other debris under the following two circumstances: (i)a failure by the Owner to remove graffiti within the period set forth in Section 3(A)(9) following its application on any structure, fixture or other improvement located on the Property that is visible from an adjacent or contiguous public right-of-way; or (ii) a failure by the Owner to remove the accumulation of solid waste, trash, or other debris that is visible for a duration of the period set forth in Section 3(A)(9) from an adjacent or contiguous 4 73183404v1