Laserfiche WebLink
reasonable attorney's fees and costs of the "prevailing parry" (as hereinafter <br />defined) associated with the correction of the Maintenance Deficiency in <br />connection with such action. If the amount of any such lien as it relates to a <br />Maintenance Deficiency is not paid within thirty (30) calendar days after written <br />notice by the City to Owner, demanding such payment, the City shall have the <br />right to enforce its lien in accordance with the statutory authority referenced under <br />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 <br />reasonable attorney's fees, costs and expenses associated with any action or <br />proceeding to enforce or defend its rights hereunder. <br />2. In the event that the City makes a written finding that a Maintenance Deficiency <br />exists on the Project as provided in Section 3(G) above, then in addition to its lien <br />powers under Section 3(I)(1) above, the City may record a Notice of Maintenance <br />Deficiency against the Property. Such Notice of Maintenance Deficiency shall <br />refer to Section 3(G) of this Agreement, be signed by the Executive Director of <br />the Planning and Building Agency and shall have a duration following the date of <br />its recordation until such date the Maintenance Deficiency is corrected. <br />J. Approval; Waiver. No approval by Owner shall be necessary for the City to establish <br />a lien for non-payment of amounts expended by the City to cure a Maintenance Deficiency under <br />Section 3 of this Agreement. No failure by the City to enforce any default pertaining to the <br />maintenance or repair of any element of the Property or the Project under Section 3 of this <br />Agreement shall be deemed to be a waiver of the right or power of the City to enforce any <br />subsequent Maintenance Deficiency thereof by Owner. <br />K. Priority of City Ordinances and Other Laws. Notwithstanding any provision in this <br />Agreement to the contrary, the approval and acceptance of this Agreement by the City shall not <br />be deemed a waiver or release of any applicable provision of any building permit or other <br />development project permit issued by the City for the improvement of the Project on the <br />Property, or of any other applicable ordinance or law or the general police power of the City. In <br />the event of any conflict or inconsistency between any provision contained in this Agreement <br />and any ordinance, law, or the general police power of the City, the latter shall prevail. <br />SECTION 4. TERMINATION of AGREEMENT. This Agreement shall terminate and <br />be of no further force or effect upon the mutual written termination of this Agreement by Owner <br />and City. <br />SECTION 5. LEGAL ADVICE. Each Party represents and warrants to the other the <br />following: they have carefully read this Agreement, and in signing this Agreement, they do so <br />with full knowledge of any right which they may have; they have received independent legal <br />advice from their respective legal counsel as to the matters set forth in this Agreement, or having <br />knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and <br />they have freely signed this Agreement without any reliance upon any agreement, promise, <br />statement, or representation by or on behalf of the other Party, or in their respective agents, <br />employees or attorneys, except as specifically set forth in this Agreement, and without duress or <br />coercion, whether economic or otherwise. <br />CAB 8.28.19 <br />