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adjacent streets. For purposes of this Agreement, "idling" refers to the running of a vehicle's <br />(including those used for incoming and outgoing deliveries at the Building) engine when <br />such vehicle is not in motion for more than five (5) minutes, including when such vehicle <br />is parked outside the Building or otherwise stationary with the engine running. <br />19. All operations of any preapproved mechanical equipment shall be conducted within the <br />Building and that all openings to the Building shall be maintained in a closed position <br />during the usage of such mechanical equipment usage. <br />B. Owner Confers to City Right to Conduct Maintenance and Repairs. Owner on behalf <br />of itself, its successors and assigns hereby confers upon the City the right but not the obligation to <br />conduct maintenance and repairs on the Property as required in Section 3(A) of this Agreement, <br />subject to the conditions of Section 3(C). Such powers under Section 3(B) of this Agreement are <br />conferred by Owner on the City for the benefit of the City to provide for the health, safety and <br />welfare of all persons who use the Project or any portion thereof and other persons who reside in <br />the vicinity of the Project and the entire City. No ownership interest in the Property or any interest <br />in any lease, sublease, license or sublicense of the Property shall be conveyed unless the <br />prospective recipient of such interest agrees in writing to assume all duties, obligations, and <br />responsibilities set forth in this Agreement. <br />C. City Right to Enforce. The right and power of the City to enforce the maintenance, <br />repair and replacement obligations of Owner shall not be deemed to arise by virtue of this Section <br />3 alone. Any provision of this Agreement to the contrary notwithstanding, the City may, by public <br />nuisance abatement proceeding, and/or by the initiation of an action at law or in equity, <br />notwithstanding this Section 3, enforce the law as relates to the abatement or elimination of a <br />public nuisance at the Property or enforce any provision or conditions of approval of a building or <br />development permit issued for the Property by the City. It shall be presumed that the City is <br />proceeding under the general municipal policy powers reserved to the City under this Section 3(C) <br />if the City issues a written notice of "Maintenance Deficiency" as this term is defined in Section <br />3(D) of this 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 3(A) (such failure hereinafter referred to <br />as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance <br />Deficiency to Owner, as provided in Section 13 of this Agreement. <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; (ii) what steps Owner 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 />!g <br />