SANTA ANA SENIOR ASSOCIATES (TPC HOLDINGS V, LLC)

Home Browse Search

adjacent streets. For purposes of this Agreement, "idling" refers to the running of a vehicle's (including those used for incoming and outgoing deliveries at the Building) engine when such vehicle is not in motion for more than five (5) minutes, including when such vehicle is parked outside the Building or otherwise stationary withthe engine running. 19. All operations of any preapproved mechanical equipment shall be conducted within the Building and that all openings to the Building shall be maintained in a closed position during the usage of such mechanical equipment usage. B. Owner Confers to City Right to Conduct Maintenance and Repairs. Owner on behalf of itself, its successors and assigns hereby confers upon the City the right but not the obligation to conduct maintenance and repairs on the Property as required in Section 3(A) of this Agreement, subject to the conditions of Section 3(C). Such powers under Section 3(B) of this Agreement are conferred by Owner on the City for the benefit of the City to provide for the health, safety and welfare of all persons who use the Project or any portion thereof and other persons who reside in the vicinity of the Project and the entire City. No ownership interest in the Property or any interest in any lease, sublease, license or sublicense of the Property shall be conveyed unless the prospective recipient of such interest agrees in writing to assume all duties, obligations, and responsibilities set forth in this Agreement. C. City Right to Enforce. The right and power of the City to enforce the maintenance, repair and replacement obligations of Owner shall not be deemed to arise by virtue of this Section 3 alone. Any provision of this Agreement to the contrary notwithstanding, the City may, by public nuisance abatement proceeding, and/or by the initiation of an action at law or in equity, notwithstanding this Section 3, enforce the law as relates to the abatement or elimination of a public nuisance at the Property or enforce any provision or conditions of approval of a building or development permit issued for the Property by the City. It shall be presumed that the City is proceeding under the general municipal policy powers reserved to the City under this Section 3(C) if the City issues a written notice of "Maintenance Deficiency" as this term is defined in Section 3(D) of this Agreement. D. Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the maintenance and repair obligations referenced in Section 3(A) (such failure hereinafter referred to as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance Deficiency to Owner, as provided in Section 13 of this Agreement. E. Maintenance Deficiencies. Owner shall comply with any issuance of a Notice of Maintenance Deficiency within the timeframe specified by the CodeEnforcement Division to cure the Maintenance Deficiency identified in such Notice. Within the timeframe specified by the Code Enforcement Division in the notice of a Maintenance Deficiency, Owner may submit a written request to the City seeking additional time to cure the Maintenance Deficiency. Each such written request for additional time shall describe and specify in detail (i) which tasks require additional time to complete the cure of the Maintenance Deficiency and the reason why such additional time is needed underthe circumstances; (ii) what steps Ownerhave already taken to commence the cure of the Maintenance Deficiency. The City, in its reasonable discretion, may grant, conditionally grant or deny any written request for additional time as determined by the Code Enforcement Manager. The City shall be under no obligation to consider untimely submitted time extension requests or requests which fail to provide any of the information required above. 0