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OPA: Grimshaw House - City of Anaheim

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To the extent that portions <strong>of</strong> the Developer Improvements are constructed in<br />

distinct phases, upon Developer’s request, Agency may issue partial Releases <strong>of</strong><br />

Construction Covenants as each phase <strong>of</strong> development is completed. Agency shall not<br />

unreasonably withhold issuance <strong>of</strong> a partial Release <strong>of</strong> Construction Covenants.<br />

500. COVENANTS AND RESTRICTIONS.<br />

501. Covenant Regarding Specific Uses . Developer covenants and agrees for itself,<br />

its successors, assigns, and every successor in interest to Developer’s interest in the Site<br />

or any part there<strong>of</strong>, that Developer shall use the Site to develop the Project.<br />

502. Covenants Regarding Maintenance. Except for any Housing Units for which an<br />

Initial Sale has occurred, Developer shall maintain the Site and all improvements thereon,<br />

including lighting and signage, in good condition, free <strong>of</strong> debris, waste and graffiti, and in<br />

compliance with the terms <strong>of</strong> the Redevelopment Plan and with all applicable provisions<br />

<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Anaheim</strong> Municipal Code. Developer shall maintain the Developer<br />

Improvements and landscaping on the Site in accordance with the Maintenance Standards<br />

(as such term is hereinafter defined). Such Maintenance Standards shall apply to all<br />

buildings, signage, lighting, landscaping, irrigation <strong>of</strong> landscaping, architectural elements<br />

identifying the Site and any and all other Developer Improvements on the Site. To<br />

accomplish the maintenance, Developer shall either staff or contract with and hire<br />

licensed and qualified personnel to perform the maintenance work, including the<br />

provision <strong>of</strong> labor, equipment, materials, support facilities, and any and all other items<br />

necessary to comply with the requirements <strong>of</strong> this Agreement.<br />

Developer and its maintenance staff, contractors or subcontractors shall comply<br />

with the following standards (the “Maintenance Standards”):<br />

a. The Site shall be maintained in conformance and in compliance with the<br />

approved Building Permit Drawings, and reasonable maintenance<br />

standards for similar, neighboring structures, including but not limited to<br />

painting and cleaning <strong>of</strong> all exterior surfaces and other exterior facades<br />

comprising all private improvements and public improvements to the<br />

curbline. The Site shall be maintained in good condition and in<br />

accordance with the custom and practice generally applicable to<br />

comparable developments.<br />

b. Landscape maintenance shall include, but not be limited to:<br />

watering/irrigation; fertilization; mowing; edging; trimming <strong>of</strong> grass; tree<br />

and shrub pruning; trimming and shaping <strong>of</strong> trees and shrubs to maintain a<br />

healthy, natural appearance and safe road conditions and visibility, and<br />

irrigation coverage; replacement, as needed, <strong>of</strong> all plant materials; control<br />

<strong>of</strong> weeds in all planters, shrubs, lawns, ground covers, or other planted<br />

areas; and staking for support <strong>of</strong> trees.<br />

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