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and removal of foodstuff from public seating in and adjacent to Licensed Area. Licensee shall, on a <br />daily basis, clean Licensed Area and remove all trash and garbage from said area. Licensee shall <br />comply with all requirements of the City, the Agency, and Alameda County applicable to the use and <br />maintenance of the Licensed Area. <br />Maintenance of the Licensed Area shall be accomplished in conformity with the <br />"Maintenance Standards", as hereinafter defined. <br />(a) Landscape maintenance shall include, but not be limited to: <br />watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; <br />trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road <br />conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; <br />control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for <br />support of trees. <br />(b) Clean-up maintenance shall include, but not be limited to: maintenance of all <br />sidewalks, paths and other paved areas in clean and weed -free condition; maintenance of all such <br />areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all <br />trash, litter and other debris from improvements and landscaping prior to mowing; clearance and <br />cleaning of all areas maintained prior to the end of the day on which the maintenance operations are <br />performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by <br />maintenance workers. <br />(c) All maintenance work shall conform to all applicable federal and state <br />Occupation Safety and Health Act standards and regulations for the performance of maintenance. <br />(d) Any and all chemicals, unhealthful substances, and pesticides used in and <br />during maintenance shall be applied in strict accordance with all governing regulations. <br />Precautionary measures shall be employed recognizing that all areas are open to public access. <br />(e) The Adjacent City Property (as defined in the DDA) shall be maintained in <br />conformance and in compliance with the approved construction and architectural plans and design <br />scheme, as the same may be amended from time to time with the approval of the City (and Agency, if <br />such approval is required) and reasonable commercial development maintenance standards for <br />similar projects, including but not limited to: painting and cleaning of all exterior surfaces and other <br />exterior facades comprising all private improvements and public improvements to the curbline. <br />(f) The Adjacent City Property (as defined in the DDA) and any other <br />improvements undertaken on the Property and/or on the Adjacent City Property shall be maintained <br />in good condition and in accordance with the custom and practice generally applicable to comparable <br />first-class office facilities located within Alameda County, California. To the extent required by the <br />City as a condition of approval, the public right-of-way improvements to the curbline(s) shall be <br />maintained in good condition and in accordance with the custom and practice generally applicable to <br />public rights-of-way within the City of San Leandro, California. <br />(g) In the event Licensee does not maintain the Adjacent City Property <br />Improvements in the manner set forth herein and in accordance with the Maintenance Standards, <br />Agency and/or City shall have the right to maintain such private and/or public improvements, or to <br />contract for the correction of such deficiencies, after written notice to Licensee. However, prior to <br />F-3 <br />DOCS00701700v6\24258.0001 r 6° <br />