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FIRST POINT I AND II
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FIRST POINT I AND II
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Last modified
3/8/2022 11:08:36 AM
Creation date
3/8/2022 11:07:59 AM
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Contracts
Company Name
FIRST POINT I AND II
Contract #
N-2022-053
Agency
Planning & Building
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all openings to the Building shall be maintained in a closed position during the usage of such mechanical <br />equipment usage. <br />Owner Confers to City Right to Conduct Maintenance and Repairs.Owner on behalf of itself, its successors <br />and assigns hereby confers upon the City the right but not the obligation to conduct maintenance and repairs <br />on the Property as required in Section 3(A) of this Agreement, subject to the conditions of Section 3(C). <br />Such powers under Section 3(B) of this Agreement are conferred by Owner on the City for the benefit of the <br />City to provide for the health, safety and welfare of all persons who use the Project or any portion thereof <br />and other persons who reside in the vicinity of the Project and the entire City. No ownership interest in the <br />Property or any interest in any lease, sublease, license or sublicense of the Property shall be conveyed unless <br />the prospective recipient of such interest agrees in writing to assume all duties, obligations, and <br />responsibilities set forth in this Agreement. <br />City Right to Enforce. The right and power of the City to enforce the maintenance, repair and replacement <br />obligations of Owner shall not be deemed to arise by virtue of this Section 3 alone. Any provision of this <br />Agreement to the contrary notwithstanding, the City may, by public nuisance abatement proceeding, and/or <br />by the initiation of an action at law or in equity, notwithstanding this Section 3, enforce the law as relates to <br />the abatement or elimination of a public nuisance at the Property or enforce any provision or conditions of <br />approval of a building or development permit issued for the Property by the City. It shall be presumed that <br />the City is proceeding under the general municipal policy powers reserved to the City under this Section <br />3(C) if the City issues a written notice of "Maintenance Deficiency" as this term is defined in Section 3(D) <br />of this Agreement. <br />Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the maintenance and <br />repair obligations referenced in Section 3(A) (such failure hereinafter referred to as a "Maintenance <br />Deficiency"), the City shall issue written notice of such Maintenance Deficiency to Owner, as provided in <br />Section 13 of this Agreement. <br />Maintenance Deficiencies. Owner shall comply with any issuance of a Notice of Maintenance Deficiency <br />within the timeframe specified by the Code Enforcement Division to cure the Maintenance Deficiency <br />identified in such Notice. Within the timeframe specified by the Code Enforcement Division in the notice <br />of a Maintenance Deficiency, Owner may submit a written request to the City seeking additional time to <br />cure the Maintenance Deficiency. Each such written request for additional time shall describe and specify <br />in detail (i) which tasks require additional time to complete the cure of the Maintenance Deficiency and the <br />reason why such additional time is needed under the circumstances; (ii) what steps Owner have already <br />taken to commence the cure of the Maintenance Deficiency. The City, in its reasonable discretion, may <br />grant, conditionally grant or deny any written request for additional time as determined by the Code <br />Enforcement Manager. The City shall be under no obligation to consider untimely submitted time extension <br />requests or requests which fail to provide any of the information required above. <br />Removal of Graffiti. Owner, on behalf of itself, its successor and assigns hereby further covenants and <br />agrees in favor of the City to keep the exterior surfaces of all structures, fixtures or other improvements <br />located on the Property free and clear of graffiti. Graffiti shall be removed within twenty-four (24) hours <br />following the time of its application. A failure by Owner to remove graffiti within twenty-four (24) hours <br />following its application on any structure, fixture or other improvement located on the Property shall be <br />deemed to be a Maintenance Deficiency for which no further notice under Section 3(D) needs to be given <br />by the City. <br />City May Cure Maintenance Deficiency. <br />
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