GS BOWERY OWNER, LLC & GS BOWERY OWNER II, LLC

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1. Maintenance ObliLyations of ROW. A. Developer Responsibility. "Maintenance Area" means the parkway within the ROW depicted on Exhibits "B," "C," and "D" attached hereto. The "Maintenance Area Improvements" means the landscape, trees, and irrigation improvements within the Maintenance Area. Developer, at its cost, shall perform the following with respect to the Maintenance Area and Maintenance Area Improvements: (i) Keep the Maintenance Area in a safe condition according to the City's written, published maintenance standards regarding public streets and rights-of-way in effect as of the Effective Date, as such standards may be reasonably modified from time to time,provided such modifications are generally applicable citywide and do not materially increase Developer's obligations hereunder. (ii) Keep the Maintenance Area reasonably free of obstructions, including obstructive plant and landscape debris. (iii) Maintain and, if necessary, replace the street trees and parkway landscape within the Maintenance Area such that the Maintenance Area shall, at all times, be landscaped and have street trees (provided that all street trees are subject to the reasonable approval of the City). As used herein, maintenance and repair shall include,without limitation, (a)watering, fertilizing,mowing, edging, and trimming of grass, trees and shrubs as needed and as reasonably requested by the City, (b) maintaining and, if necessary, repairing irrigation systems, (c) shaping trees and shrubs to maintain a healthy, natural appearance, safe street conditions and visibility, (d) replacing, as needed, all dead plant materials, (e) control and abatement of weeds, and (f) double staking trees as needed for support. (iv) Application of all fertilizers, pesticides, and other materials within the Maintenance Area shall be in accordance with all applicable laws, ordinances and regulations pertaining to the use and application of such substances. (v) Comply with the provisions of Chapter 16,Article II, Municipal Solid Waste Collection Regulations, of the Santa Ana Municipal Code as it relates to the Maintenance Area. (vi) Comply with all federal, state and local laws applicable to the Maintenance Area. For clarity, Developer shall not be responsible for the maintenance of the Street Medians on Warner Avenue and Redhill Avenue, depicted on Exhibit"B". 2. Termination of Developer Maintenance Obligation. Developer shall have the ongoing maintenance obligations of the Maintenance Area and Maintenance Area Improvements as set forth herein until such time as the City,in its sole and absolute discretion,elects to maintain such area. In such event, the City shall provide a written and executed notice of termination of this Agreement toDeveloper in a sufficient form to be record with the Orange County Recorder's Office. 2