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BRISTOL RETAIL XV, LLC.
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BRISTOL RETAIL XV, LLC.
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Last modified
8/25/2023 10:53:18 AM
Creation date
8/25/2023 10:52:16 AM
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Contracts
Company Name
BRISTOL RETAIL XV, LLC.
Contract #
N-2023-204
Agency
Planning & Building
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16. All onsite parking spaces shall be accessible and free of obstructions and can only be used <br />for parking of operable vehicles at all times. <br />17. Applicant's vehicles utilized for ingoing and outgoing deliveries to the Building shall not <br />exceed the weight limits set forth by the Department of Transportation Federal Highway <br />Administration applicable to Class l through Class 7 type- vehicles, so long as no such <br />vehicle exceeds forty (40) feet in length. <br />18. Intentionally omitted. <br />19. Intentionally omitted. <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 />cure a Maintenance Deficiency in accordance with Section 3(G) of this Agreement, subject to the <br />conditions of Section 3(C). Such powers under Section 3(B) of this Agreement are conferred by <br />Owner on the City for the benefit of the City to provide for the health, safety and welfare of all <br />persons who use the Project or any portion thereof and other persons who reside in the vicinity of <br />the Project and the entire City. No interest in the Owner's Leasehold Interest or any interest in any <br />lease, sublease, license or sublicense of the Leasehold Interest 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 3 <br />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 thirty (30) days following Owner's receipt of the Notice of <br />Maintenance Deficiency; provided, however, Owner shall comply with any issuance of a Notice <br />of Maintenance Deficiency with respect to the removal of graffiti within seven (7) days following <br />Owner's receipt of the Notice of Maintenance Deficiency. Within the foregoing timeframe, Owner <br />may submit a written request to the City seeking additional time to cure the Maintenance <br />Deficiency. Each such written request for additional time shall describe and specify in detail (i) <br />which tasks require additional time to complete the cure of the Maintenance Deficiency and the <br />reason why such additional time is needed under the circumstances; (ii) what steps Owner have <br />already taken to commence the cure of the Maintenance Deficiency. The City, in its reasonable <br />discretion, may grant, conditionally grant or deny any written request for additional time as <br />determined by the Code Enforcement Manager. The City shall be under no obligation to consider <br />0870571I68246050 4 <br />
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