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prevent and/or rectify any physical deterioration of the Property and shall make all <br /> repairs, renewals and replacements necessary to keep the Property and the <br /> improvements located thereon in good condition and repair. <br /> 3. Maintenance of Public Right of Way and Improvements. Owner and its <br /> successors in interest shall maintain or caused to be maintain, at their expense the <br /> public improvements and landscaping located adjacent to the Property in good <br /> condition and repair, and in compliance with all applicable laws, rules, regulations, <br /> orders and requirements. Such improvements, include without limitation, the <br /> sidewalks that abut the Property, the 23 public parking spaces located on the south <br /> side of Juana Avenue, pedestrian lighting, maintenance and irrigation of <br /> landscaping, and all other improvements on the Property or in the public right of <br /> way to the nearest curbline(s) abutting the Property. Owner's obligation shall <br /> include keeping all such areas in a neat, clean, safe, litter-free and odor-free, <br /> sanitary condition. Without limitation, the foregoing maintenance obligations <br /> include the following: steam cleaning the sidewalk and paved surfaces as <br /> necessary to remove grime and grease; maintenance of the surface of sidewalks in <br /> level condition and evenly covered with the type of surfacing material originally installed, <br /> or such substitute as will in all respects be equal to such original material in quality, <br /> appearance and durability; removal of graffiti; on-going removal of food, trash and <br /> debris from the area; and the return of shopping carts. Notwithstanding anything to <br /> the contrary set forth in this Section 3, Owner and its successors in interest shall <br /> have no obligation to repair or repave public streets. <br /> Owner shall perform all construction, maintenance and repair obligations <br /> hereunder in a timely manner, using best efforts to minimize disruption in the use of the <br /> Easement Areas during the course of such work. Owner shall ensure that no <br /> mechanics liens or stop notices are filed against the public improvements as a result of <br /> work undertaken by or on behalf of Owner. <br /> Owner shall ensure that the Property and the Project are well-lighted and <br /> secure. Owner shall ensure that retailers using the Property or part thereof who <br /> provide customer shopping carts identify such carts with company logos, use a <br /> mechanism such as a magnetic locking wheel control system to ensure that all carts <br /> remain on the Property, and collect all carts from the parking areas in a timely <br /> manner. <br /> 4. City's Right to Perform Maintenance. In the event that Owner breaches any of <br /> the covenants contained in Sections 2 or 3 and such default continues for a period of <br /> ten (10) days after written notice from City (with respect to graffiti, debris, and waste <br /> material) or thirty (30) days after written notice from City (with respect to landscaping, <br /> public improvements and general maintenance), then City, in addition to any other <br /> remedy it may have under this Agreement or at law or in equity, shall have the right, but <br /> not the obligation, to perform all acts and work necessary to protect, maintain, and <br /> preserve the improvements and the landscaped areas on the Property and the <br /> improvements in the public right of way for which Owner has maintenance obligations <br /> pursuant to this Agreement. All costs expended by City in connection with the <br /> 1888625.2 3 <br />