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GRAND AVE. PROPERTIES, LLC
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Last modified
9/17/2019 5:11:09 PM
Creation date
9/17/2019 4:57:48 PM
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Contracts
Company Name
GRAND AVE. PROPERTIES, LLC
Contract #
N-2019-166
Agency
PLANNING & BUILDING
Destruction Year
0
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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 <br />time extension requests or requests which fail to provide any of the information required above. <br />F. Intentionally Deleted. <br />G. City May Cure Maintenance Deficiency. <br />1. In the event Owner fails to cure a Maintenance Deficiency within the time <br />allowed, the City may initiate a public hearing pursuant to Section 41-651 of the <br />SAMC. At such a public hearing the City shall consider such evidence and <br />testimony of interested persons as may be relevant to the matter. If upon the <br />conclusion of a public hearing, the City makes a written finding that a <br />Maintenance Deficiency exists and that there appears to be non-compliance with <br />the maintenance and repair obligations in this Agreement, the City shall have the <br />right to record the notice described in Section 3(I) of this Agreement and <br />thereafter the City may enter upon or otherwise access the Property for the <br />purpose of curing the Maintenance Deficiency without further notice to Owner. <br />2. The foregoing notwithstanding, the City, without further notice to Owner, shall <br />have the right to enter the Property during reasonable hours and without any <br />material disruption to the business(s) operating on the Property and remove <br />graffiti, solid waste, trash, or other debris under the following two circumstances: <br />(i) a failure by Owner to remove graffiti within forty-eight (48) hours following <br />its application on any structure, fixture or other improvement located on the <br />Property that is visible from an adjacent or contiguous public right-of-way; or (ii) <br />a failure by Owner to remove the accumulation of solid waste, trash, or other <br />debris that is visible for a duration of three (3) days from an adjacent or <br />contiguous public right-of-way or from a designated fire lane on the Property. <br />Any sum expended by the City for the removal of graffiti, solid waste, trash, or <br />other debris pursuant to this Section 3(G)(2) shall become a lien on the Property <br />in accordance with Section 3(H) below and the City shall have the right to enforce <br />such lien in the manner provided in Section 3(I) below. <br />H. City's Lien Authority. Any sums expended by the City in enforcing, maintaining, <br />repairing or curing any element of the Property as authorized in this Agreement for which a <br />Maintenance Deficiency has been declared by the City to exist under Section 3(G) above, shall <br />become a lien on the Property. The powers conferred upon the City pursuant to this Section 3(H) <br />are in addition to all other remedies which the City may have to enforce this Agreement, <br />including, without limitation, those remedies set forth in Section 3C above. <br />I. Enforcement of Liens by the City. <br />1. The rights conferred upon the City by Owner under this Agreement expressly <br />include the power to establish and enforce a lien or other encumbrances against <br />the Property or any portion thereof, subject and subordinate to all then existing <br />other liens and encumbrances on the Property, in an amount reasonably necessary <br />to reimburse the City for the necessary and reasonable costs incurred by the City <br />under Section 3(G) above to restore the Property and the Project to the <br />maintenance standards required under Section 3 of this Agreement, including <br />CAB 8.28.19 5 <br />
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