Laserfiche WebLink
16 <br />4859-3312-3005v3 <br />(b) If the Improvements are not repaired or rebuilt, all such proceeds shall be applied <br />in a manner consistent with the terms of the Senior Deed of Trust or if the Senior Deed of Trust <br />is not outstanding, shall be applied in a manner consistent with the City Deed of Trust. <br />(c) In the event that none of the Senior Deed of Trust, any deed of trust securing a <br />refinancing of the Senior Loan, nor the City Deed of Trust are outstanding, all insurance <br />proceeds received under the policies set forth in this Article 6 shall be paid to Lessee, provided <br />that Lessee agrees that it shall apply such proceeds for reconstruction or repair of the <br />Improvements unless such repair or reconstruction is not economically feasible. <br />(d) To the extent any of the above provisions are inconsistent with the provisions of <br />the Senior Loan Documents, the Senior Loan Documents shall control. <br /> <br />ARTICLE 7. <br />MAINTENANCE, ALTERATIONS, REPAIRS AND REPLACEMENTS <br />Section 7.1 Maintenance of Leased Premises; Landscaping. During the Term, at <br />Lessee’s sole cost and expense, Lessee shall keep and maintain the Leased Premises, all <br />Improvements, and all appurtenances thereto, in good and safe order, condition and repair. All <br />such maintenance and repair shall conform to and comply with all Legal Requirements affecting <br />the Leased Premises. <br />Section 7.2 Landscaping Maintenance. <br />(a) Lessee, at no expense to the Lessor, shall maintain in healthful, attractive and <br />reasonably weed-free manner all the landscaped areas related to the Project as shown in the <br />landscaping plan approved by the City. “Landscaped areas” as used in this Lease shall mean <br />plantings and irrigation systems which have been installed, or are proposed to be installed, <br />pursuant to the City-approved landscaped plan for the Project including those in City right-of- <br />ways. All plantings shall be maintained using generally accepted methods of cultivation to <br />ensure reasonably normal, healthy plant growth. Maintenance shall include replacement of <br />plantings, when necessary, and all ordinary and usual care, including, but not limited to, <br />irrigation, fertilization, pest and disease control, weeding, rotation of plantings and the removal <br />of trimmings, rubbish, debris, and other solid waste. Lessee shall, at no expense to the Lessor, <br />install, maintain, repair, and replace, where necessary, such irrigation systems as are required to <br />provide adequate irrigation in compliance with water conservation practices. <br />(b) If, in the reasonable judgment of the City Engineer, Lessee has failed to maintain <br />properly any landscaping as required by this Lease, the Lessor may perform such maintenance, at <br />its option, after thirty (30) days’ prior written notice to Lessee of such failure to maintain. In <br />such event, the Lessor’s performance of such maintenance shall be at the Lessee’s sole expense <br />and Lessee, upon demand by the Lessor, shall pay to the Lessor all reasonable expenses incurred <br />by the Lessor in the performance of such maintenance. <br />(c) If any maintenance, repair, or replacement of landscaping needs immediate <br />correction as a result of a public safety or health hazard, as reasonably determined by the City