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ASSISTANCE LEAGUE OF SANTA ANA (2)
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ASSISTANCE LEAGUE OF SANTA ANA (2)
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Last modified
1/31/2023 9:16:21 AM
Creation date
1/31/2023 9:15:19 AM
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Contracts
Company Name
ASSISTANCE LEAGUE OF SANTA ANA
Contract #
A-2022-254-01
Agency
Planning & Building
Council Approval Date
6/21/2022
Expiration Date
1/23/2028
Destruction Year
2028
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B. City Right to Conduct Maintenance and Repairs. Owner hereby confers upon the City <br />the right but not the obligation to conduct maintenance and repairs on the Improvements as <br />required in this Section 7. Such powers are conferred by Owner on the City for the benefit of the <br />City to provide for the health, safety and welfare of all persons who use the Improvements or any <br />portion thereof and other persons who reside in the vicinity of the Improvements and the entire <br />City. <br />C. City Right to Enforce. The right and power of the City to enforce the maintenance <br />obligations of Owner herein shall not be deemed to arise by virtue of this Section 7 alone. Any <br />provision of this Agreement to the contrary notwithstanding, the City may, by public nuisance <br />abatement proceeding, and/or by the initiation of an action at law or in equity, notwithstanding this <br />Section 7, enforce the law as relates to the abatement or elimination of a public nuisance regarding <br />the Improvements or enforce any provision or conditions of approval of a building or development <br />permit issued for the Improvements by the City. It shall be presumed that the City is proceeding <br />under the general municipal policy powers reserved to the City under this Section 7(C) if the City <br />issues a written notice of "Maintenance Deficiency" as this term is defined in Section 7(D) of this <br />Agreement. <br />D. Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the <br />maintenance and repair obligations referenced in Section 7(A) (such failure hereinafter referred to <br />as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance <br />Deficiency to Owner. <br />E. Maintenance Deficiencies. Owner shall comply with any issuance of a Notice of <br />Maintenance Deficiency within the timeframe specified by the Code Enforcement Division to cure <br />the Maintenance Deficiency identified in such Notice. Within the timeframe specified by the Code <br />Enforcement Division in the notice of a Maintenance Deficiency, Owner may submit a written <br />request to the City seeking additional time to cure the Maintenance Deficiency. Each such written <br />request for additional time shall describe and specify in detail: (i) which tasks require additional <br />time to complete the cure of the Maintenance Deficiency and the reason why such additional time <br />is needed under the circumstances; and (ii) what steps Owner have already taken to commence the <br />cure of the Maintenance Deficiency. The City, in its reasonable discretion, may grant, <br />conditionally grant or deny any written request for additional time as determined by the Code <br />Enforcement Manager. The City shall be under no obligation to consider untimely submitted time <br />extension requests or requests which fail to provide any of the information required above. <br />F. Removal of Graffiti. Owner hereby further covenants and agrees to keep the exterior <br />surfaces of the 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, fixture <br />or other improvement located on the Property shall be deemed to be a Maintenance Deficiency for <br />which no further notice under Section 7(D) needs to be given by the City. <br />G. City May Cure Maintenance Deficiency. <br />1. hi the event Owner fails to cure a Maintenance Deficiency within the time allowed, <br />
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