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DocuSign Envelope ID: A5414ED5-93ED4AAA-A317-1ABE1FC7AFIF <br />B. Notice of Maintenance Deficiencies. Upon any failure by Buyer to perform any of the <br />maintenance and repair obligations referenced in Section 4.A. of this Agreement (such failure <br />hereinafter referred to as a "Maintenance Deficiency"), the City shall issue written notice of such <br />Maintenance Deficiency to Buyer, as provided in Section 15 of this Agreement. <br />C. Maintenance Deficiencies. Buyer 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, Buyer 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; (ii) what steps Buyer have already taken to commence the cure <br />of the Maintenance Deficiency. The City, in its reasonable discretion, may grant, conditionally <br />grant or deny any written request for additional time as determined by the Code Enforcement <br />Manager. The City shall be under no obligation to consider untimely submitted time extension <br />requests or requests which fail to provide any of the information required above. <br />D. Removal of Graffiti. Buyer, on behalf of itself, its successor and assigns hereby further <br />covenants and agrees in favor of the City to keep the exterior surfaces of all structures, fixtures or <br />other improvements located on the Property free and clear of graffiti. Graffiti shall be removed <br />within twenty-four (24) hours following the time of its application. A failure by Buyer to remove <br />graffiti within twenty-four (24) hours following its application on any structure, fixture or other <br />improvement located on the Property shall be deemed to be a Maintenance Deficiency for which <br />no further notice under Section 4.13. needs to be given by the City. <br />E. City May Cure Maintenance Deficiency. <br />In the event Buyer fails to cure a Maintenance Deficiency within the time allowed, <br />the City may initiate a hearing pursuant to Chapter 3 of the Santa Ana Municipal <br />Code. At such a hearing the hearing officer shall consider such evidence and <br />testimony of interested persons as may be relevant to the matter. If upon the <br />conclusion of a hearing, the hearing officer makes a written finding that a <br />Maintenance Deficiency exists and that there appears to be non-compliance with <br />the maintenance and repair obligations referenced in Section 4.A. of this <br />Agreement, the City shall have the right to record the notice described in Section <br />4.G. of this Agreement and thereafter the City may enter upon or otherwise access <br />the Property for the purpose of curing the Maintenance Deficiency without further <br />notice to Buyer. <br />2. The foregoing notwithstanding, the City, without notice to Buyer, shall have the <br />right to enter the Property and remove graffiti, solid waste, trash, or other debris <br />under the following two circumstances: (i) a failure by Buyer to remove graffiti <br />within twenty-four (24) hours following its application on any structure, fixture or <br />other improvement located on the Property that is visible from an adjacent or <br />contiguous public right-of-way; or (ii) a failure by Buyer to remove the <br />