Common use of Performance of Maintenance Clause in Contracts

Performance of Maintenance. (a) Participant shall maintain the improvements and landscaping on the Property in accordance with the Maintenance Standards, as hereinafter defined. Said Improvements (the “Improvements”) shall include, but not be limited to, buildings, sidewalks, pedestrian lighting, landscaping, irrigation of landscaping, architectural elements identifying the Property and any and all other improvements on the Property. (b) The following standards (“Maintenance Standards”) shall be complied with by Participant and its maintenance staff, contractors or subcontractors: (i) All Improvements to the Property shall be maintained in conformance and in compliance with the approved Scope of Work, this Maintenance Agreement and reasonable commercial development maintenance standards for similar projects, including but not limited to the painting and cleaning of all exterior surfaces and other exterior facades in the improvements on the Property. (ii) The Improvements shall be maintained as required by this Section 1 in good condition and in accordance with the custom and practice generally applicable to comparable first-class commercial facilities similar to the Improvements located within the Southern California area. (iii) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iv) Clean up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. (v) All maintenance work shall conform to all applicable federal and state Occupational Safety and Health Act standards and regulations for the performance of maintenance. (vi) Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access.

Performance of Maintenance. (a) Participant A. Lessee shall maintain or cause to be maintained, for the improvements and landscaping on term of the Property Lease Agreement, in accordance with the Maintenance Commission Standards, as hereinafter defined, the private Improvements, public Improvements and landscaping to the curbline(s) on and abutting the Site. Said Improvements (the “Improvements”) shall include, but not be limited to, buildings, sidewalkssidewalks and other paved areas, pedestrian lighting, landscaping, irrigation of landscaping, architectural elements identifying the Property Site and any and all other improvements Improvements on the PropertySite and in the public right-of-way to the nearest curbline(s) abutting the Site. (b) B. To accomplish the maintenance, Lessee shall either staff or contract licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. C. Commission Standards: The following standards (“Maintenance "Commission Standards”") shall be complied with by Participant ▇▇▇▇▇▇ and its maintenance staff, contractors or subcontractors: (i) All Improvements 1. Ordinary Maintenance Standards - The Lessee shall maintain the dwelling units and Site in good repair, order and condition at all times in order to assure that the Property shall housing on the Site is kept in a decent, safe, and sanitary condition, and that the buildings, grounds, and equipment are to be maintained in conformance and a manner that will preserve their condition. The Lessee shall perform any repairs or replacements necessary in compliance with order to maintain the approved Scope of Work, this Maintenance Agreement and reasonable commercial development maintenance standards for similar projects, including but not limited to the painting and cleaning of all exterior surfaces and other exterior facades in the improvements on the Property. (ii) The Improvements shall be maintained as required by this Section 1 in good condition and Site in accordance with the custom Ordinary Maintenance Standards, set forth on Attachment C-1 and practice generally applicable to comparable first-class commercial facilities similar incorporated herein by this reference. 2. Annual Inspection Standards - The Lessee shall annually inspect the Site in accordance with the Annual Inspection Standards, set forth on Attachment C-2 and incorporated herein by this reference. The completed annual inspection will be documented and reported to the Improvements located within the Southern California area. (iii) Landscape maintenance shall include, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibilityLessor on an annual basis, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iv) Clean up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to at the end of each year the day on which Lessee shall submit to the maintenance operations are Lessor a declaration certifying that the annual inspection, as set forth in Attachment C-2, was performed to ensure that all cuttings, weeds, leaves at the Site. The Lessee shall retain records of the inspection and other debris are properly disposed make them available for review by the Lessor at the request of by maintenance workersthe Lessor. (v) All maintenance work shall conform to all applicable federal and state Occupational Safety and Health Act standards and regulations for the performance of maintenance. (vi) Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access.

Performance of Maintenance. (a) Participant a. Owner shall maintain the improvements and landscaping on the Property in accordance with the Maintenance Commission Standards, as hereinafter defined, the private improvements, public improvements and landscaping to the curbline(s) on and abutting the Site. Said Improvements (the “Improvements”) improvements shall include, but not be limited to, buildings, sidewalkssidewalks and other paved areas, pedestrian lighting, landscaping, irrigation of landscaping, architectural elements identifying the Property Site and any and all other improvements on the PropertySite and in the public right-of-way to the nearest curbline(s) abutting the Site. (b) b. To accomplish the maintenance, Owner shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. c. Commission Standards: The following standards (“Maintenance Commission Standards”) shall be complied with by Participant Owner and its maintenance staff, contractors or subcontractors: (i) All Improvements Ordinary Maintenance Standards - Owner shall maintain the dwelling units and Site in good repair, order and condition at all times in order to assure that the Property shall housing on the Site is kept in a decent, safe, and sanitary condition, and that the buildings, grounds, and equipment are to be maintained in conformance and a manner that will preserve their condition. Owner shall perform any repairs or replacements necessary in compliance order to maintain the Site in accordance with the approved Scope of WorkOrdinary Maintenance Standards, set forth on Exhibit “B” and incorporated herein by this Maintenance Agreement and reasonable commercial development maintenance standards for similar projects, including but not limited to the painting and cleaning of all exterior surfaces and other exterior facades in the improvements on the Propertyreference. (ii) The Improvements Annual Inspection Standards - Owner shall be maintained as required by this Section 1 in good condition and annually inspect the Site in accordance with the custom Annual Inspection Standards, set forth on Exhibit “C” and practice generally applicable to comparable first-class commercial facilities similar incorporated herein by this reference. The completed annual inspection will be documented and reported to the Improvements located within Commission on an annual basis, and at the Southern California areaend of each year Owner shall submit to the Commission a declaration certifying that the annual inspection, as set forth in Exhibit “C”, was performed at the Site. Owner shall retain records of the inspection and make them available for review by the Commission at the request of the Commission. (iii) Landscape Preventative Maintenance Standards - Owner shall annually inspect the Site in accordance with the Preventative Maintenance Standards, set forth on Exhibit “D” and incorporated herein by this reference. The completed preventative maintenance shall include, but not work will be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree documented and shrub pruning; trimming and shaping of trees and shrubs reported to maintain a healthy, natural appearance and safe road conditions and visibilitythe Commission on an annual basis, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. (iv) Clean up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to at the end of each year Owner shall submit to the day on which Commission a declaration certifying that the maintenance operations are preventative maintenance, as set forth in Exhibit “D”, was performed to ensure that all cuttings, weeds, leaves at the Site. Owner shall retain records of the inspection and other debris are properly disposed make them available for review by the Commission at the request of by maintenance workersthe Commission. (v) All maintenance work shall conform to all applicable federal and state Occupational Safety and Health Act standards and regulations for the performance of maintenance. (vi) Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access.

Performance of Maintenance. Owner shall, at its expense, (ai) Participant shall maintain the all improvements and landscaping on the Property Project and existing facilities at Covina Senior and Community Center in first-class order, condition, and repair (and, as to landscaping, in a healthy and thriving condition) in accordance with the Maintenance plans for the Project approved by COUNTY and all Governmental Restrictions, and (ii) manage the Project and Project finances reasonably prudently and in compliance with applicable Governmental Restrictions so as to maintain a safe and attractive environment for users of the Covina Senior and Community Center. Specifically: a. Owner shall maintain in accordance with COUNTY Standards, as hereinafter defined, the improvements and landscaping to the curbline(s) on and abutting the Project and existing facilities at Covina Senior and Community Center. Said Improvements (the “Improvements”) improvements shall include, but not be limited to, buildings, sidewalkssidewalks and other paved areas, pedestrian lighting, landscaping, irrigation of landscaping, architectural elements identifying the Property Project and existing facilities at Covina Senior and Community Center and any and all other improvements on the PropertyProject and in the public right-of-way to the nearest curbline(s) abutting the existing Covina Senior and Community Center. b. To accomplish the maintenance, Owner shall either staff or contract with and hire, or cause its tenants to contract with and hire, licensed (bif required by applicable law) and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Agreement. c. COUNTY Standards: The following minimum standards (“Maintenance COUNTY Standards”) shall be complied with by Participant Owner and its maintenance staff, contractors or subcontractors: (i) All Improvements Ordinary Maintenance Standards - Owner shall maintain the Project and existing facilities at Covina Senior and Community Center in good repair, order and condition at all times in order to assure that the Property shall Project is kept in a decent, safe, and sanitary condition, and that the buildings, grounds, and equipment are to be maintained in conformance and in compliance with the approved Scope of Work, this Maintenance Agreement and reasonable commercial development maintenance standards for similar projects, including but not limited to the painting and cleaning of all exterior surfaces and other exterior facades in the improvements on the Propertya manner that will preserve their condition. (ii) Annual Inspection Standards - Owner shall annually inspect the Project and existing facilities at Covina Senior and Community Center for compliance with the maintenance standards specified in this Agreement. The Improvements completed annual inspection will be documented and reported to COUNTY on an annual basis, and at the end of each year Owner shall be maintained as submit to COUNTY a declaration certifying that the annual inspection was performed at the Project and existing facilities at Covina Senior and Community Center. Owner shall retain records of the inspection and make them available for review by COUNTY at the request of COUNTY. Owner shall perform any preventative maintenance and extraordinary repairs or replacements necessary in order to maintain the Project and existing facilities at Covina Senior and Community Center, in the condition required by this Section 1 Agreement including extraordinary replacement of equipment, betterment, and additions. Extraordinary repairs or replacement consists of major repairs and rehabilitation involving substantial expenditures which usually are needed only at relatively long intervals of time, or are caused by such occurrences as earthquake, fire, obsolescence and, in good condition some instances, neglect. Such items as replacement of roofs, replacement of corroded gas and heating lines, and rehabilitation of landscaping (ground-cover) would be considered in accordance with the custom and practice generally applicable to comparable first-class commercial facilities similar to the Improvements located within the Southern California areathis category. (iii) Landscape maintenance shall includeCOUNTY may enter and inspect the premises at any time during hours of operation, but not be limited to: watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs with or without prior notice to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of treesOwner. (iv) Clean up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers. (v) All maintenance work shall conform to all applicable federal and state Occupational Safety and Health Act standards and regulations for the performance of maintenance. (vi) Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access.