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<br />26
<br />ARTICLE 9.
<br />MAINTENANCE, ALTERATIONS, REPAIRS AND REPLACEMENTS
<br />Section 9.1 Maintenance of Leased Premises and Landscaping. During the Term,
<br />at Lessee's sole cost and expense, Lessee shall keep and maintain the Leased Premises, all
<br />Improvements hereafter developed, and all appurtenances thereunto belonging, in good and safe
<br />order, condition and repair, free of debris, waste, and graffiti, in compliance with the terms of all
<br />applicable provisions of the San Leandro Municipal Code, and in accordance with the standard
<br />of maintenance of high quality apartment projects within the Bay Area region. To accomplish
<br />the maintenance, Lessee shall either staff or contract with and hire licensed and qualified
<br />personnel to perform the maintenance work, including the provision of labor, equipment,
<br />materials, support facilities, and any and all other items necessary to comply with the
<br />requirements of this Ground Lease. All such maintenance and repair shall conform to and
<br />comply with all Legal Requirements affecting the Leased Premises. Lessee agrees that Lessor
<br />shall not be required to perform any maintenance, repairs or services or to assume any expense in
<br />connection with the Improvements and the Leased Premises. Lessee hereby waives all rights to
<br />make repairs or to cause any work to be performed at the expense of Lessor as may be provided
<br />for in Section 1941 and 1942 of the California Civil Code, if applicable.
<br />Section 9.2 Landscaping Maintenance.
<br />
<br />(a) Lessee, at no expense to the Lessor, shall maintain in healthful, attractive
<br />and reasonably weed-free manner all the landscaped areas related to the Project as shown in the
<br />landscaping plan approved by the Lessor. "Landscaped areas" as used in this Ground Lease
<br />shall mean plantings and irrigation systems which have been installed, or are proposed to be
<br />installed, pursuant to the City-approved landscaped plan for the Project. All plantings shall be
<br />maintained using generally accepted methods of cultivation to ensure reasonably normal, healthy
<br />plant growth. Maintenance shall include replacement of plantings, when necessary, and all
<br />ordinary and usual care, including, but not limited to, irrigation, fertilization, pest and disease
<br />control, weeding, rotation of plantings and the removal of trimmings, rubbish, debris, and other
<br />solid waste. Lessee shall, at no expense to the Lessor, install, maintain, repair, and replace,
<br />where necessary, such irrigation systems as are required to provide adequate irrigation in
<br />compliance with water conservation practices.
<br />(b) If, in the reasonable judgment of the Lessor, Lessee has failed to maintain
<br />properly any landscaping as required by this Ground Lease, the Lessor may perform such
<br />maintenance, at its option, after thirty (30) days' prior written notice to Lessee of such failure to
<br />maintain. In such event, the Lessor's performance of such maintenance shall be at the Lessee's
<br />sole expense and Lessee, upon demand by the Lessor, shall pay to the Lessor all reasonable
<br />expenses incurred by the Lessor in the performance of such maintenance.
<br />(c) If any maintenance, repair, or replacement of landscaping needs
<br />immediate correction as a result of a public safety or health hazard, as reasonably determined by
<br />the Lessor, and such maintenance is not performed, or cannot be performed, by Lessee within
<br />twenty-four (24) hours of receipt of such notice thereof, the Lessor may perform or cause to be
<br />performed such maintenance at Lessee's expense, and Lessee, upon demand by the Lessor, shall
<br />DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0
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