Item 30 - Commercial Property Compliance Assistance Program

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Page | 31 removed within twenty-four (24) hours following the time of its application. A failure by Owner to remove graffiti within twenty-four (24) hours following its application on any structure, fixture or other improvement located on the Property shall be deemed to be a Maintenance Deficiency for which no further notice under Section 3(D) needs to be given by the City. G. City May Cure Maintenance Deficiency. 1. In the event Owner fails to cure a Maintenance Deficiency within the time allowed, the City may enter upon or otherwise access the Property for the purpose of curing the Maintenance Deficiency without further notice to Owner. 2. The foregoing notwithstanding, the City, without notice to Owner, shall have the right to enter the Property and remove graffiti, solid waste, trash, or other debris under the following two circumstances: (i) a failure by Owner to remove graffiti within twenty-four (24) hours following its application on the Improvements; or (ii) a failure by Owner to remove the accumulation of solid waste, trash, or other debris immediately adjacent to the Improvements that is visible for a duration of twenty- four (24) hours from an adjacent or contiguous public right-of-way or from a designated fire lane on the Property. H. City’s Lien Authority. Any sums expended by the City in enforcing, maintaining, repairing or replacing, or curing any element of the Improvements as authorized in Section 3 for which a Maintenance Deficiency has been declared by the City to exist, shall become a lien on the Property subject to enforcement by the City under applicable law. I. Enforcement of Liens by City. The rights conferred upon the City by Owner under Section 3 of this Agreement expressly include the power to establish and enforce a lien or other encumbrances against the Property or any portion thereof, subject to all then existing other liens and encumbrances on the Property, in an amount reasonably necessary to reimburse the City for its reasonable costs of the necessary and reasonable costs incurred by the City under Section 3(G) to restore the Improvements to the maintenance standard required under this Section 3, including reasonable attorney’s fees and costs of the prevailing party associated with the correction of the Maintenance Deficiency in connection with such action. J. No approval by Owner shall be necessary for the City to establish and foreclose a lien for non-payment of amounts expended by the City to cure a Maintenance Deficiency under Section 3 of this Agreement. No failure by the City to enforce any default pertaining to the maintenance, repair or replacement of any element of the Improvements under Section 3 shall be deemed to be a waiver of the right or power of the City to enforce any subsequent default thereof by Owner. Section 4. TERM OF AGREEMENT. This agreement shall remain in effect for a period of 5 years from the Effective Date or the date the Property is no longer owned by Owner, whichever is earlier. This Agreement may otherwise be terminated upon the mutual agreement by the Parties. Section 5. INTEGRATION. This Agreement contains the entire understanding between the Parties relating to the transaction contemplated by this Agreement, except as otherwise provided. All prior contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. This Agreement constitutes the entire understanding and agreement of the Parties on the subject