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POMEROY, MICHAEL
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POMEROY, MICHAEL
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Last modified
3/10/2023 10:27:08 AM
Creation date
3/10/2023 10:25:14 AM
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Contracts
Company Name
POMEROY, MICHAEL
Contract #
A-2022-254-02
Agency
Planning & Building
Council Approval Date
6/21/2022
Expiration Date
2/28/2028
Destruction Year
2033
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Section 4. COMPLETION OF IMPROVEMENTS. OWNER shall complete all <br />Improvements within one hundred (100) calendar days beginning from the effective date <br />fixed in paragraph 1. Upon completion of the Improvements and upon their final inspection <br />and approval by the City, the OWNER shall submit to the City a property executed and <br />notarized contractor statement showing the full cost of the work as well as each separate <br />component amount due to the contractor and each and every subcontractor involved in <br />furnishing labor, materials, or equipment necessary to complete the improvement related <br />work. In addition, the OWNER shall submit to the City proof of payment of the contract <br />cost pursuant to the contractor's statement and final lien waivers from all contractors and <br />subcontractors. The City shall, within fourteen (14) business days of receipt of the <br />contractor's statement, proof of payment, and lien waivers, issue a check to the OWNER <br />as reimbursement in the total grant amount stated in SECTION 2 of this agreement. <br />Seetlon 5. FAILURE TO COMPLETE. If the OWNER fails to complete the <br />Improvements provided for herein in conformity with the approved ,plans, drawings, and <br />specifications and the terms of this Agreement, then upon written notice being given by <br />the City to the OWNER, this Agreement shall terminate with no further action necessary <br />by the City, and the financial or any other obligations on the part of the City under this <br />.Agreement shall cease and become null and void. <br />Section 6. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND <br />CITY CONDITIONS. This Agreement fulfills the requirements set forth in the Program <br />application. The Improvements shall substantially conform with all approved development plans <br />and city conditions, as applicable. <br />Section 7 MAINTENANCE AND REPAIR OF IMPROVEMENTS <br />A. Ongoing Operational/ Maintenance Conditions In exchange for participation in the <br />Program, Owner hereby agrees to maintain and repair the Improvements as follows: <br />1. The Improvements shall be maintained in conformance with the standards generally <br />applicable to comparable retail/commercial businesses located within the City. The <br />improvements shall comply with operational conditions of the Santa Ana Municipal Code <br />(SAMC) applicable during any period(s) of construction or major repair (e.g., proper <br />screening and securing of the construction site; implementation of proper erosion control, <br />dust control and noise mitigation measure; adherence to approved project phasing etc.). <br />2. The Improvements shall be in ongoing compliance with the approved design and <br />construction parameters, signage parameters, and restrictions, as well as landscape designs, <br />as applicable. <br />3. Ongoing maintenance, repair and upkeep of the Improvements shall be provided by the <br />Owner (including but not limited to controls on the proliferation of trash and debris about <br />the Property; the proper and timely removal of graffiti; the timely maintenance, repair and <br />upkeep of damaged, vandalized and/or weathered buildings, structures and/or <br />improvements; the timely maintenance, repair and upkeep of exterior paint, parking <br />striping, pedestrian pathways/open space areas, lighting and irrigation fixtures, walls and. <br />fencing, landscaping and related landscape improvements, and the like, as applicable). <br />
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