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• <br /> (b) Except as provided for in Section 6.05 of this Agreement,not,at any time during such <br /> five(5)year period,to sell,transfer or assign all or part of its interest in any portion of the Site without the prior <br /> written consent of the Agency,which consent shall not be unreasonably withheld provided that the transferee <br /> demonstrates the ability to fulfill the covenants in Section 4.05 of this Agreement and this Section 5.01. <br /> Notwithstanding the aforementioned,Participant shall have the right to transfer Participant's interest n the Site <br /> to any settlor or beneficiary of Participant,or to any entity principally controlled by Participant,without having <br /> to obtain the prior written consent of Agency. <br /> (c) Trucks sold on the Site shall be factory new vehicles. Notwithstanding <br /> this provision, previously owned automobiles may be sold on the Site not to exceed thirty-five percent(35%) <br /> of total sales. <br /> (d) Both new and used vehicles may be simultaneously displayed on the <br /> Site, in an annualized proportion of 65% new vehicles to 35%used vehicles. <br /> 5.02 Maintenance of the Site. <br /> (a) Participant shall properly maintain all improvements on the Site in a reasonably n)at,clean <br /> and presentable condition. Participant shall promptly complete all repair and maintenance work as required <br /> by Agency,provided that such requirements of the Agency are reasonable in relation to the standard of repair <br /> of other buildings and improvements of similar age and construction in the Project which have been improved <br /> under requirements of the Plan. Participant shall promptly repair any damage that may occur to the <br /> Development due to fire, earthquake or other calamity, or shall clear said Site of all structures and debris. <br /> (b) Participant shall prevent the accumulation of dirt,grease and debris,and remove weeds and <br /> debris or trash from the Site. Participant shall, at all times, maintain all landscaped and unimproved areas in <br /> a reasonably neat, clean, litter-free and weed-free condition. All trees, shrubs and ground covers shall be <br /> maintained in a reasonably healthy and growing condition at all times and shall be pruned regularly and <br /> properly staked. Dead or unhealthy plants shall be promptly removed and replaced. The landscaping must <br /> remain in conformance with the approved landscape plan at all times. No existing landscaping may be <br /> removed, or the landscaping changed in any substantive way without prior Agency approval. <br /> (c) Participant shall maintain the public sidewalk abutting the Site by sweeping and washing the <br /> sidewalk as necessary to prevent the accumulation of dirt, debris or weeds. <br /> (d) There shall be no speakers or other noise generating devices audible beyond the S te,except <br /> alarm devices or equipment normally or customarily associated with vehicle service operations. <br /> (e) Driveways on Marina Boulevard will be restricted to right-turn only entering or exitirg the Site. <br /> 5.03 Vehicle Storage. <br /> Except as provided in Paragraph 3.04 of this Agreement, Participant shall not store or allow the <br /> storage of any vehicles on the Site prior to issuance of a Certificate of Completion for the Improve rents and <br /> Owner Participation Agreement Page 8 of 18 <br />