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Last modified
4/4/2022 1:05:46 PM
Creation date
4/4/2022 1:05:13 PM
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Contracts
Company Name
RUSSELL FISCHER, LP
Contract #
N-2022-082
Agency
Planning & Building
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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 />any building or development project permit under other law including public nuisance abatement <br />proceedings or any other action at law or equity. <br />I. Enforcement of Liens by the City. <br />1. The rights conferred upon the City by Owner under Section 3 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 <br />reimburse the City for its reasonable costs of the necessary and reasonable costs <br />incurred by the City under Section 3(G) to restore the Property and the Project to <br />the maintenance standard required under this Section 3, including reasonable <br />attorney's fees and costs of the prevailing party associated with the correction of <br />the Maintenance Deficiency in connection with such action. If the amount of any <br />such lien as relates to a Maintenance Deficiency is not paid within thirty (30) <br />calendar days after written notice by the City to Owner, demanding such payment, <br />the City shall have the right to enforce its lien in accordance with the statutory <br />authority referenced under this Section 3(I)(1). The prevailing party in a <br />collection or other lien enforcement action authorized by this Section 3(I) shall <br />also have the right to collect its reasonable attorney's fees, costs and expenses <br />associated with any action or 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), then in addition its lien powers <br />under Section 3(I)(1), 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 3(G) of the Agreement, be signed by the <br />Executive Director of the Planning and Building Agency and shall have a duration <br />following the date of its recordation until such date the Maintenance Deficiency is <br />corrected. <br />J. No approval by Owner shall be necessary for the City to establish and foreclose a <br />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, repair or replacement of any element of the Property or the Project tinder Section 3 <br />shall be deemed to be a waiver of the right or power of the City to enforce any subsequent <br />default thereof by Qwner, <br />K. Priority of City Ordinances and Other Laws. Notwithstanding any provision in <br />this Agreement to the contrary, the approval and acceptance of this Agreement by the City shall <br />not 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 />10 <br />
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