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<br />4859-3312-3005v4
<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 (subject
<br />to applicable restrictions on irrigation and pesticide use) to ensure reasonably normal, healthy
<br />plant growth. Maintenance shall include replacement of plantings, when necessary, and all
<br />ordinary and usual care, including, but not limited to, irrigation, fertilization, pest and disease
<br />control, weeding, rotation of plantings and the removal of trimmings, rubbish, debris, and other
<br />solid waste. Lessee shall, at no expense to the Lessor, install, maintain, repair, and replace,
<br />where necessary, such irrigation systems as are required to provide adequate irrigation in
<br />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
<br />Engineer, and such maintenance is not performed, or cannot be performed, by Lessee within
<br />twenty-four (24) hours of receipt of such notice thereof, the Lessor may perform or cause to be
<br />performed such maintenance at Lessee’s expense, and Lessee, upon demand by the Lessor, shall
<br />pay to the Lessor all reasonable expenses incurred by the Lessor in the performance of such
<br />maintenance.
<br />Section 7.3 Alterations to Leased Premises. Lessee may make additions, alterations or
<br />changes in or to the Improvements (“Alterations”) subject, however, to the following
<br />conditions:
<br />(a) No Alterations shall be made that would impair the structural soundness of the
<br />Improvements;
<br />(b) No Alterations shall be undertaken that are prohibited by, or would cause the
<br />Leased Premises, the Improvements, Lessee, or Lessor to be in breach or violation of any Legal
<br />Requirements;
<br />(c) No Alterations shall be undertaken until Lessee shall have procured, to the extent
<br />the same may be required from time to time, all permits and authorizations of all applicable
<br />Governmental Authorities, all required consents of any Lender, and the consent of Lessor. Lessor
<br />shall join in the application for such permits or authorizations whenever such action is necessary
<br />or helpful and is requested by Lessee, and shall use Lessor’s reasonable efforts to obtain such
<br />permits or authorization;
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