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BRISTOL RETAIL XV, LLC.
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BRISTOL RETAIL XV, LLC.
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Last modified
8/21/2025 11:00:25 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
Expiration Date
1/1/1900
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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 1 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 /> 4 <br /> 087057ue824605v7 <br />
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