CC PACKET 11222016 - Laserfiche WebLink

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(b) Debris and Snow Removal. The periodic pick-up and removal of all dirt, filth, debris and refuse from the Common Areas. The prompt removal of snow, ice and surface waters from parking areas, roadways, curbs and sidewalks and the de-icing and salting of such areas. Snow shall be plowed as soon as a 1-inch accumulation occurs and plowed again as necessary to maintain less than a 1-inch accumulation at all times. Upon cessation of the snowfall, the parking areas, roadways and sidewalks shall be plowed reasonably close to the paved surface. (c) Directional Signage. The maintenance, relamp, rewire, repair, replacement and placing of all entrance, exit and directional signs, markers, lights and lines in accordance with the practices prevailing in a first-class community shopping center. (d) Parking Lot Lighting. The maintenance, relamp, rewire, repair and replacement of the parking lot lighting facilities, including light fixtures, light bulbs and related lighting system equipment used in the operation thereof, in good operating condition. (e) Landscaping and Irrigation. The maintenance, repair and replacement of landscaping as necessary to keep the same in a first-class and thriving condition, including the replacement of shrubs and trees as necessary. The maintenance, repair and replacement of all grass and other ground cover so as to keep the same in a first-class and thriving condition, including regularly scheduled mowing and weed control. The maintenance, repair and replacement of irrigation and sprinkler systems located in the Common Areas. (ii) Budget and Monthly Payment. The Maintaining Owner shall within sixty (60) days of the beginning of each calendar year prepare and send to the Owners of the Lots a written budget reasonably detailing the estimated expenses expected to be incurred for performing the Common Maintenance Obligations during such calendar year (collectively, the “Common Expenses”). The Maintaining Owner shall use commercially reasonable efforts to minimize Common Expenses in a manner consistent with the metropolitan commercial real estate market where the Shopping Center is located. Common Expense shall include, without limitation, (a) the cost of maintaining the liability insurance required to be carried by the Maintaining Owner under Section 9.C; (b) a management fee or administrative fee payable to the Maintaining Owner or to any third party hired by it, for the management of the Common Areas, but not to exceed fifteen percent (15%) of the Common Expenses; and (c) utility charges which are not metered directly to an Owner or are consumed in connection with the operation and maintenance of Common Areas. Notwithstanding the foregoing, and without limitation, Common Expenses shall not include (x) real property taxes and assessments of a Lot, which shall be paid by each Owner of a Lot or (y) costs attributable to the clean-up of hazardous substances, which costs shall be the responsibility of the Owner of the Lot containing such hazardous substance. Maintaining Owner shall at the same time provide each Owner with the monthly amount of such Owner’s percentage share (each Owner’s percentage share is set forth in subsection (vi) below) of such Common Expenses based on such budget and each Owner shall on or before the fifth (5th) day of each calendar month pay to the Maintaining Owner such monthly amount (except, so long as the City is the Owner of the Lot 3, the City shall have until the twentieth (20th) day of each calendar month to pay to the Maintaining Owner such monthly 42