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201706687
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Last modified
12/9/2019 6:11:16 PM
Creation date
10/3/2017 2:00:57 PM
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DEEDS
Inst Number
201706687
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20#706687 <br />Section 6.1 Maintenance. Each Owner or its tenant shall maintain the Building(s) on its <br />Parcel and its Parcel in good order and condition. Declarant shall maintain all Common Utility <br />Facilities and Common Areas, including, but not limited to, Access Roads in good order and <br />condition and state of repair in accordance with the standards of good Mall operation <br />including (but not limited to) sweeping and removal of trash, litter and refuse, repair and <br />replacement of paving as necessary and removal of ice and snow. Owner covenants that it or its <br />tenant, in addition to other requirements of this Section, will keep the inside and outside of all <br />glass in the doors and windows of its Buildings clean; will maintain its Buildings at its own <br />expense in a clean, orderly and sanitary condition and free of insects, rodents, vermin and other <br />pests; will not permit accumulation of garbage, trash, rubbish and other refuse, and will remove <br />same at its own expense, and will keep such refuse in proper containers or compactors in places <br />designated therefore until called for to be removed. <br />The maintenance and repair of the Buildings and Improvements on each Parcel should <br />be of such a character that their appearance will be that of a unified Mall. <br />The cost of all maintenance and repair activities undertaken by the Declarant, together <br />with a management fee not to exceed five percent (5 %) of the amount of the reasonable <br />maintenance and repair costs incurred by Declarant in fulfilling its obligations enumerated above <br />(which amount for purposes of determining the management fee shall not include any capital <br />costs in excess of Twenty Five Thousand Dollars ($25,000) per annum), shall be prorated <br />between the Owners of the Parcels based upon the Parties' proportional share of total enclosed <br />building area on each Party's Parcel, as determined, from time to time, in accordance with the <br />provisions set forth below. Such costs shall not include (A) bad debt expenses and interest, <br />principal, points and fees on debts; (B) costs incurred by Declarant to the extent that Declarant is <br />reimbursed by insurance proceeds or is otherwise reimbursed; (C) salaries and other benefits <br />paid to the employees of Declarants to the extent customarily included in or covered by a <br />management fee, provided that in no event shall such costs include salaries and/or benefits <br />attributable to personnel above the level of the site manager; (D) rent for any office space <br />occupied by management personnel to the extent the size or rental rate for of such office <br />space exceeds the size or fair market rental value of office space occupied by management <br />personnel of comparable Malls with similar responsibilities in the vicinity of the Mall; (E) <br />19 <br />
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