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KEARNY HARBOR, LLC.
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Last modified
10/5/2020 8:40:43 AM
Creation date
10/5/2020 8:39:51 AM
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Contracts
Company Name
KEARNY HARBOR, LLC.
Contract #
N-2020-160
Agency
Planning & Building
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require additional time to complete the cure of the Maintenance Deficiency and the reason why <br />such additional time is needed under the circumstances; (ii) what steps Owner have already taken <br />to commence the cure of the Maintenance Deficiency. The City, in its reasonable discretion, <br />may grant, conditionally grant or deny any written request for additional time as determined by <br />the Code Enforcement Manager. The City shall be under no obligation to consider untimely <br />submitted time extension requests or requests which fail to provide any of the information <br />required above. <br />F. Removal of Graffiti. Owner, on behalf of itself, its successor and assigns hereby <br />further covenants and agrees in favor of the City to keep the exterior surfaces of all structures, <br />fixtures or other improvements located on the Property free and clear of graffiti. Graffiti shall be <br />removed within twenty-four (24) hours following the time of its application. A failure by Owner <br />to remove graffiti within twenty-four (24) hours following its application on any structure, <br />fixture or other improvement located on the Property shall be deemed to be a Maintenance <br />Deficiency for which no further notice under Section 3 (D) needs to be given by the City. <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 />Santa Ana Municipal Code. At such a public hearing the City shall consider such <br />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 <br />Maintenance Deficiency exists and that there appears to be non-compliance with <br />the maintenance and repair obligations referenced in Section 3(A) of this <br />Agreement, the City shall have the right to record the notice described in Section <br />3(I) of this Agreement and thereafter the City may enter upon or otherwise access <br />the Property for the purpose of curing the Maintenance Deficiency without further <br />notice to Owner. <br />2. The foregoing notwithstanding, the City, without notice to Owner, shall have the <br />right to enter the Property and remove graffiti, solid waste, trash, or other debris <br />under the following two circumstances: (i) a failure by Owner to remove graffiti <br />within twenty-four (24) hours following its application on any structure, fixture or <br />other improvement located on the Property that is visible from an adjacent or <br />contiguous public right-of-way; or (ii) a failure by Owner to remove the <br />accumulation of solid waste, trash, or other debris that is visible for a duration of <br />twenty-four (24) hours from an adjacent or contiguous public right-of-way or <br />from a designated fire lane on the Property. Any sum expended by the City for the <br />removal of graffiti, solid waste, trash, or other debris pursuant to this Section <br />3(G)(2) of the Agreement shall become a lien on the Property in accordance with <br />Section 3(H) and the City shall have the right to enforce such lien in the manner <br />provided in Section 3(I). <br />H. City's Lien Authority. Any sums expended by the City in enforcing, maintaining, <br />repairing or replacing, curing any element of the Property of the Project as authorized in Section <br />3 for which a Maintenance Deficiency has been declared by the City to exist under Section 3(G), <br />shall become a lien on the Property. The powers conferred upon City pursuant to this Section <br />3(H) are in addition to all other remedies which the City may have to enforce this Agreement, or <br />C <br />
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