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HAPHAN GROUP INC. (2)
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HAPHAN GROUP INC. (2)
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Last modified
8/6/2024 11:22:41 AM
Creation date
8/6/2024 11:12:36 AM
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Contracts
Company Name
HAPHAN GROUP INC.
Contract #
N-2024-250
Agency
Planning & Building
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7. The maintenance agreement shall contain provisions relating to the enforcement of its <br />conditions by the City and shall also contain provisions authorizing the City to recover <br />costs and expenses which the City may incur arising out of any enforcement and/or <br />remediation efforts which the City may undertake in order to cure any deficiency in <br />maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of <br />the property. The maintenance agreement shall further provide that any unreimbursed <br />costs and/or expenses incurred by the City to cure a deficiency in maintenance or to <br />enforce use restrictions shall become a lien upon the property in an amount equivalent to <br />the actual costs and/or expense incurred by the City. <br />8. The execution and recordation of the maintenance agreement shall be a condition <br />precedent to the final map being recorded. <br />B. Owner Confers to City Right to Conduct Maintenance and Repairs. Owner on behalf <br />of itself, its successors and assigns hereby confers upon the City the right but not the obligation to <br />conduct maintenance and repairs on the Property as required in Section 3(A) of this Agreement, <br />subject to the conditions of Section 3(C). Such powers under Section 3(B) of this Agreement are <br />conferred by Owner on the City for the benefit of the City to provide for the health, safety and <br />welfare of all persons who use the Project or any portion thereof and other persons who reside in <br />the vicinity of the Project and the entire City. No ownership interest in the Property or any interest <br />in any lease, sublease, license or sublicense of the Property shall be conveyed unless the <br />prospective recipient of such interest agrees in writing to assume all duties, obligations, and <br />responsibilities set forth in this Agreement. <br />C. City Right to Enforce. The right and power of the City to enforce the maintenance, <br />repair and replacement obligations of Owner shall not be deemed to arise by virtue of this Section <br />3 alone. Any provision of this Agreement to the contrary notwithstanding, the City may, by public <br />nuisance abatement proceeding, and/or by the initiation of an action at law or in equity, <br />notwithstanding this Section 3, enforce the law as relates to the abatement or elimination of a <br />public nuisance at the Property or enforce any provision or conditions of approval of a building or <br />development permit issued for the Property by the City. It shall be presumed that the City is <br />proceeding under the general municipal policy powers reserved to the City under this Section 3(C) <br />if the City issues a written notice of "Maintenance Deficiency" as this term is defined in Section <br />3(D) of this Agreement. <br />D. Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the <br />maintenance and repair obligations referenced in Section 3(A) (such failure hereinafter referred to <br />as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance <br />Deficiency to Owner, as provided in Section 13 of this Agreement. <br />E. Maintenance Deficiencies. Owner shall comply with any issuance of a Notice of <br />Maintenance Deficiency within the timeframe specified by the Code Enforcement Division to cure <br />the Maintenance Deficiency identified in such Notice. Within the timeframe specified by the Code <br />Enforcement Division in the notice of a Maintenance Deficiency, Owner may submit a written <br />request to the City seeking additional time to cure the Maintenance Deficiency. Each such written <br />request for additional time shall describe and specify in detail (i) which tasks require additional <br />time to complete the cure of the Maintenance Deficiency and the reason why such additional time <br />is needed under the circumstances; (ii) what steps Owner have already taken to commence the cure <br />of the Maintenance Deficiency. The City, in its reasonable discretion, may grant, conditionally <br />grant or deny any written request for additional time as determined by the Code Enforcement <br />
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