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99 SOUTH MLK, LLC
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Last modified
11/24/2021 3:18:42 PM
Creation date
11/24/2021 2:47:15 PM
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Contracts
Company Name
99 SOUTH MLK, LLC
Contract #
N-2021-236
Agency
City Attorney's Office
Destruction Year
N/A
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DocuSign Envelope ID: 6BDE4B89-7988-46EA-8CDF-7CO3E2572266 <br />Section 4.G. <br />F. City's Lien Authority, Any sums expended by the City in enforcing, maintaining, <br />repairing or replacing, curing any element of the Property as authorized in Section 4 for which a <br />Maintenance Deficiency has been declared by the City to exist under Section 4.E., shall become a <br />lien on the Property. The powers conferred upon City pursuant to this Section U. are in addition <br />to all other remedies which the City may have to enforce this Agreement, or any building or <br />development project permit under other law including public nuisance abatement proceedings or <br />any other action at law or equity. <br />G. Enforcement of Liens by the City, <br />1. The rights conferred upon the City by Buyer under Section 4 of this Agreement <br />expressly include the power to establish and enforce a lien or other encumbrances <br />against the Property or any portion thereof, subject to all then existing other liens <br />and encumbrances on the Property, in an amount reasonably necessary to reimburse <br />the City for its reasonable costs of the necessary and reasonable costs incurred by <br />the City under Section 4.C. to restore the Property to the maintenance standard <br />required under this Section 4, including reasonable attorney's fees and costs of the <br />prevailing party associated with the correction of the Maintenance Deficiency in <br />connection with such action. If the amount of any such lien as relates to a <br />Maintenance Deficiency is not paid within thirty (30) calendar days after written <br />notice by the City to Buyer, demanding such payment, the City shall have the right <br />to enforce its lien in accordance with the statutory authority referenced under this <br />Section 4.G.1. The prevailing party in a collection or other lien enforcement action <br />authorized by this Section 4.G. shall also have the right to collect its reasonable <br />attorney's fees, costs and expenses associated with any action or proceeding to <br />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 Property as provided in Section 4.E, then in addition its lien powers <br />under Section 4.G.L, the City may record a notice of correction of Maintenance <br />Deficiency be recorded against the Property. Such a notice of Maintenance <br />Deficiency shall refer to Section 4.E. of the Agreement, be signed by the Executive <br />Director of the Planning and Building Agency and shall have a duration following <br />the date of its recordation until such date the Maintenance Deficiency is corrected. <br />H. No approval by Buyer shall be necessary for the City to establish and foreclose a lien <br />for non-payment of amounts expended by the City to cure a Maintenance Deficiency under Section <br />4 of this Agreement. No failure by the City to enforce any default pertaining to the maintenance, <br />repair or replacement of any element of the Property under Section 4 shall be deemed to be a <br />waiver of the right or power of the City to enforce any subsequent default thereof by Buyer. <br />1. 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 be <br />deemed a waiver or release of any applicable provision of any building permit or development <br />project permit issued by the City for the improvement of the Property, or of any other applicable <br />4 <br />
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