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CARIBOU INDUSTRIES (7)
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CARIBOU INDUSTRIES (7)
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Last modified
2/12/2021 9:42:56 AM
Creation date
1/27/2021 12:11:50 PM
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Contracts
Company Name
CARIBOU INDUSTRIES
Contract #
A-2020-265
Agency
Community Development
Council Approval Date
11/17/2020
Insurance Exp Date
3/1/2021
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the abatement of the Maintenance Deficiency. Any sum expended by the City for the <br />abatement of a Maintenance Deficiency pursuant to this Section shall be reimbursed to <br />the City by the Developer, within thirty (30) calendar days after written demand for <br />payment from the City. Any amount expended by the City for the abatement of a <br />Maintenance Deficiency pursuant to this Section that is not reimbursed to the City by the <br />Developer within thirty (30) calendar days after written demand to the Developer for such <br />reimbursement, shall accrue interest at the lesser of: (i) the rate of ten percent (10%) per <br />annum or (ii) the Usury Limit, until paid in full. <br />5.3. Graffiti. Graffiti, as defined in Government Code Section 38772, that has been <br />applied to the interior of the Parking Structure, or to any exterior surface of a structure or <br />improvement on the Property, that is visible from any public right-of-way adjacent or <br />contiguous to the Property, shall be removed by the Developer by either painting over the <br />evidence of such vandalism with a paint that has been color -matched to the surface on <br />which the paint is applied or removed with solvents, detergents or water, as appropriate. <br />If any such graffiti is not removed within seventy-two (72) hours following the time of the <br />discovery of the graffiti, the City shall have the right to enter the Property and remove the <br />graffiti, without Notice to the Developer. Any sum expended by the City for the removal <br />of graffiti Property pursuant to this Section shall be reimbursed to the City by the <br />Developer, within thirty (30) calendar days after written demand for payment from the <br />City. Any amount expended by the City for the removal of graffiti pursuant to this Section <br />that is not reimbursed to the City by the Developer within thirty (30) calendar days after <br />written demand to the Developer for such reimbursement, shall accrue interest at the <br />lesser of: (i) the rate of ten percent (10%) per annum or (ii) the Usury Limit, until paid in <br />full. <br />6. Lien Rights. The obligations of the Developer and its successors and <br />assigns under this Section shall be secured by a lien against the Property. The Developer <br />hereby grants to the City a security interest in the Property with the power to establish <br />and enforce a lien or other encumbrance against the Property, in the manner provided in <br />Civil Code Sections 2924, 2924b and 2924c, to secure the obligations of the Developer <br />and it successors under this Section including the reasonable attorneys' fees and costs <br />of the City associated with the abatement of a Maintenance Deficiency or removal of <br />graffiti. The recordation of the City Deed and the Notice of Agreement shall provide record <br />Notice of such security interest in favor of the City. <br />7. Obligation to Refrain from Discrimination. The Developer covenants and <br />agrees for itself, its successors, its assigns and every successor -in -interest to all or any <br />portion of the Property, that there shall be no discrimination against or segregation of any <br />Person, or group of Persons, on account of gender, sexual orientation, marital status, <br />race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, <br />transfer, use, occupancy, tenure or enjoyment of the Property nor shall the Developer, <br />itself or any Person claiming under or through it, establish or permit any such practice or <br />practices of discrimination or segregation with reference to the selection, location, <br />number, use or occupancy of purchasers, the Developers, lessees, sub -the Developers, <br />sub -lessees or vendees of the Property. The covenant of this Section shall be a covenant <br />running with the land of the Property and binding on successive owners of all or any <br />Exhibit "C" <br />Form Of City Deed <br />5 53 94.00049\3 3239203.12 <br />
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