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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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In the event Owner fails to cure a Maintenance Deficiency within the time allowed, the City may initiate a <br />public hearing pursuant to Section 41-651 of the Santa Ana Municipal Code. At such a public hearing the <br />City shall consider such evidence and testimony of interested persons as may be relevant to the matter. If <br />upon the conclusion of a public hearing, the City makes a written finding that a Maintenance Deficiency <br />exists and that there appears to be non-compliance with the maintenance and repair obligations referenced <br />in Section 3(A) of this Agreement, the City shall have the right to record the notice described in Section 3(I) <br />of this Agreement and thereafter the City may enter upon or otherwise access the Property for the purpose <br />of curing the Maintenance Deficiency without further notice to Owner. <br />The foregoing notwithstanding, the City, without notice to Owner, shall have the right to enter the Property <br />and remove graffiti, solid waste, trash, or other debris under the following two circumstances: (i) a failure <br />by Owner to remove graffiti within twenty-four (24) hours following its application on any structure, fixture <br />or other improvement located on the Property that is visible from an adjacent or contiguous public right-of- <br />way; or (ii) a failure by Owner to remove the accumulation of solid waste, trash, or other debris that is visible <br />for a duration of twenty-four (24) hours from an adjacent or contiguous public right-of-way or from a <br />designated fire lane on the Property. Any sum expended by the City for the removal of graffiti, solid waste, <br />trash, or other debris pursuant to this Section 3(G)(2) of the Agreement shall become a lien on the Property <br />in accordance with Section 3(H) and the City shall have the right to enforce such lien in the manner provided <br />in Section 3(I). <br />City's Lien Authority. Any sums expended by the City in enforcing, maintaining, repairing or replacing, <br />curing any element of the Property of the Project as authorized in Section 3 for which a Maintenance <br />Deficiency has been declared by the City to exist under Section 3(G), shall become a lien on the Property. <br />The powers conferred upon City pursuant to this Section 3(H) are in addition to all other remedies which <br />the City may have to enforce this Agreement, or any building or development project permit under other law <br />including public nuisance abatement proceedings or any other action at law or equity. <br />Enforcement of Liens by the City. <br />The rights conferred upon the City by Owner under Section 3 of this Agreement expressly include the power <br />to establish and enforce a lien or other encumbrances against the Property or any portion thereof, subject to <br />all then existing other liens and encumbrances on the Property, in an amount reasonably necessary to <br />reimburse the City for its reasonable costs of the necessary and reasonable costs incurred by the City under <br />Section 3(G) to restore the Property and the Project to the maintenance standard required under this Section <br />3, including reasonable attorney's fees and costs of the prevailing party associated with the correction of the <br />Maintenance Deficiency in connection with such action. If the amount of any such lien as relates to a <br />Maintenance Deficiency is not paid within thirty (30) calendar days after written notice by the City to Owner, <br />demanding such payment, the City shall have the right to enforce its lien in accordance with the statutory <br />authority referenced under this Section 3(I)(1). The prevailing party in a collection or other lien enforcement <br />action authorized by this Section 3(I) shall also have the right to collect its reasonable attorney's fees, costs <br />and expenses associated with any action or proceeding to enforce or defend its rights hereunder. <br />In the event that the City makes a written finding that a Maintenance Deficiency exists on the Project as <br />provided in Section 3(G), then in addition its lien powers under Section 3(I)(1), the City may record a notice <br />of correction of Maintenance Deficiency be recorded against the Property. Such a notice of Maintenance <br />Deficiency shall refer to Section 3(G) of the Agreement, be signed by the Executive Director of the Planning <br />and Building Agency and shall have a duration following the date of its recordation until such date the <br />Maintenance Deficiency is corrected. <br />No approval by Owner shall be necessary for the City to establish and foreclose a lien for non-payment of <br />amounts expended by the City to cure a Maintenance Deficiency under Section 3 of this Agreement. No <br />
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