2009.05.18 EDA Packet - Laserfiche WebLink

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(including reasonable attorneys' fees) in connection therewith promptly upon demand. 5. Maintenance and Repair of the Parking Lot. 5.1 Maintenance and Restoration of Parking Easement Improvements. All costs and expenses in connection with the maintenance of the Easement Area shall be maintained by Swany and Anderson. Maintenance shall include: (a) Drive and Parking Areas. Maintaining all paved surfaces and curbs in a smooth and evenly covered condition, including, without limitation, replacement of base, skin patch, resurfacing and resealing. (For the purpose of this Section, an overlay of the drives and parking areas shall be considered a maintenance item.); (b) Debris and Refuse. Periodically removing papers, debris, filth, refuse, ice and snow (2" on surface), but in any event to the extent necessary to keep the Parking Lot in a first-class, clean and orderly condition; (c) Directional Signs and Markers. Maintaining, cleaning and replacing any appropriate directional, stop or handicapped parking signs or markers; restriping parking lots and drive lanes at least every 36 months, but in any event as necessary to maintain parking space designation and traffic direction; and keeping clearly marked fire lanes, loading zones, no parking areas and pedestrian cross-walks; (d) Lighting. Maintaining, cleaning and replacing lighting facilities, including light standards, wires, conduits, lamps, ballasts and lenses, time clocks and circuit breakers, illuminating the Parking Lot; and (e) Landscaping. Maintaining and replacing all landscape plantings, trees and shrubs in an attractive and thriving condition, trimmed and weed-free; providing water for landscape irrigation through a properly maintained system, including performing any seasonal (start up and/or winterization) maintenance thereto, and any modifications to such system to satisfy governmental water allocation or emergency requirements. 5.2 Owner Failure to Maintain. In the event an owner of the Swany Property or Anderson Property fails to maintain Easement Area the City, after thirty (30) days written notice (except in the event of an emergency) shall have the right to perform the maintenance required herein and be reimbursed by the owner of the Swany Property or Anderson Property upon submission of copies of the statements, invoices, bills or other proof of costs and expenses incurred by the City. 6. City Right to Relocate Easement Area and Parking Lot. The City shall have the right, upon thirty (30) days written notice to the owners of the Swany Property -4-