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Last modified
3/22/2023 4:43:47 PM
Creation date
3/22/2023 4:42:41 PM
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Contracts
Company Name
YIM, ISAAC
Contract #
A-2022-254-03
Agency
Planning & Building
Council Approval Date
6/21/2022
Expiration Date
12/16/2022
Destruction Year
2027
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the City may enter upon or otherwise access the Property for the purpose of curing <br />the Maintenance Deficiency without further notice to Owner. <br />2. The foregoing notwithstanding, the City, without notice to Owner, shall have the <br />right to enter the Property and remove graffiti, solid waste, trash, or other debris <br />wider the following two circumstances: (i) a failure by Owner to remove graffiti <br />within twenty-four (24) hours fallowing its application on the Improvements; or (ii) <br />a failure by Owner to remove the accumulation of solid waste, trash, or other debris <br />immediately adjacent to the Improvements that is visible for a duration of twenty- <br />four (24) hours from an adjacent or contiguous public right-of-way or from a <br />designated fire lane on the Property. <br />H. City's Lien AuthoritL. Any sums expended by the City in enforcing, maintaining, <br />repairing or replacing, or curing any element of the Improvements as authorized in Section 7 for <br />which a Maintenance Deficiency has been declared by the City to exist, shall become a lien on the <br />Property subject to enforcement by the City under applicable haw. <br />I. Enforcement of Liens by C The rights conferred upon the City by Owner tinder <br />Section 7 of this Agreement expressly include the power to establish and enforce a lien or other <br />encumbrances 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 the City for <br />its reasonable costs of the necessary and reasonable costs incurred by the City under Section 7(G) <br />to restore the Improvements to the maintenance standard required under this Section 7, including <br />reasonable attorney's fees and costs of the prevailing party associated with the correction of the <br />Maintenance Deficiency in connection with such action. <br />J. No approval by Owner 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 />7 of this Agreement. No failure by the City to enforce any default pertaining to the maintenance, <br />repair or replacement of any element of tine Improvements tinder Section 7 shall be deemed to be <br />a waiver of the right or power of the City to enforce any subsequent default thereof by Owner. <br />Section R. t"IIItM OP AGREEMEN`C. This agreement shall remain in effect for a <br />period of S years from the Effective Date or the date the Property is no longer owned by Owner, <br />whichever is earlier. <br />Section 4. INTEGRATION. This Agreement contains the entire understanding <br />between the Parties relating to the transaction contemplated by this Agreement, except as <br />otherwise provide([. All prior contemporaneous agreements, Understandings, representations and <br />statements, oral or written, are merged in this Agreement and shall be of no ftrther force or effect. <br />This Agreement constitutes the entire understanding and agreement of the Parties on the subject <br />matter herein, notwithstanding any previous negotiations or agreesrrrents between trhe Parties or <br />their predecessors in interest with respect to all or any part of the subject matter hereof. <br />Section IU. SEVERABILffY. If any portion of this Agreement is declared invalid, <br />illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions <br />shall continue in full force and effect. <br />
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