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maintain the Property (including without limitation, the landscaping, driveways, parking areas,
<br />and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping,
<br />graffiti, disrepair, abandoned vehicles /appliances, and illegal activity, and shall take all
<br />reasonable steps to prevent the same from occurring on the Property. Developer shall prevent
<br />and /or rectify any physical deterioration of the Property and shall make all repairs, renewals
<br />and replacements necessary to keep the Property and the improvements located thereon in
<br />good condition and repair.
<br />6.2.1 Maintenance of Public Right of Way and Improvements. Developer
<br />and its successors in interest shall maintain, at their expense, the Property, the Project and
<br />the public improvements and landscaping located adjacent to the Property. Such
<br />improvements, include without limitation, the sidewalks that abut the Property, the 23 public
<br />parking spaces located on the south side of Juana Avenue, pedestrian lighting, landscaping,
<br />irrigation of landscaping and all other improvements on the Property or in the public right of
<br />way to the nearest curbline(s) abutting the Property. Developer's obligation shall include
<br />keeping all such areas in a neat, clean, safe, litter -free and odor -free, sanitary condition.
<br />Without limitation, the foregoing maintenance obligations include the following: steam
<br />cleaning the sidewalk and paved surfaces as necessary to remove grime and grease, removal
<br />of graffiti, and on -going removal of food and trash from the area and the return of shopping
<br />carts. Developer shall ensure that the Property and the Project are well - lighted and secure.
<br />Developer shall ensure that retailers using the Property or part thereof who provide customer
<br />shopping carts identify such carts with company logos, use a mechanism such as a magnetic
<br />locking wheel control system to ensure that all carts remain on the Property, and collect all
<br />carts from the parking areas in a timely manner.
<br />6.2.2 Property -Based Business Improvement District. Developer agrees to
<br />support the creation of a Property -Based Business Improvement District or similar funding
<br />mechanism to support enhanced security, maintenance and marketing in Downtown San
<br />Leandro. The City will determine the amount of the assessment in accordance with all
<br />applicable laws. Developer, and Developer's successors in interest shall pay all assessments
<br />imposed in accordance with such districts or other financing mechanisms.
<br />6.2.3 Signage Plan. Developer agrees to follow the signage plan approved by
<br />City. Sign modifications will require approval by the City Planning Department consistent
<br />with the City's sign ordinance. City agrees to permit Developer to install signage on the
<br />Property announcing the future development and opening date, subject to compliance with
<br />applicable laws and reasonable approval by City of the content, size and placement of such
<br />signage.
<br />6.3 Taxes and Assessments. Following the Closing, Developer or its successors or
<br />assigns shall pay all real and personal property taxes, assessments and charges and all other taxes
<br />assessed against the Property, at such times and in such manner as to prevent any penalty from
<br />accruing, or any lien or charge from attaching to the Property; provided, however, that Developer
<br />shall have the right to contest in good faith, any such taxes, assessments, or charges. In the event
<br />the Developer exercises its right to contest any tax, assessment, or charge, the Developer, on
<br />final determination of the proceeding or contest, shall immediately pay or discharge any decision
<br />or judgment rendered against it, together with all costs, charges and interest.
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