BRISTOL RETAIL XV, LLC. - Laserfiche WebLink

Home Browse Search

untimely submitted time extension requests or requests which fail to provide any of the information required above. F. Removal of Graffiti. Owner, on behalf of itself, its successor and assigns hereby further covenants and agrees in favor of the City to keep the exterior surfaces of all structures, fixtures or other improvements located on the Property free and clear of graffiti. Graffiti shall be removed within seven (7) days following the time of its application. A failure by Owner to remove graffiti within seven (7) days following its application on any structure, fixture or other improvement located on the Property shall be deemed to be a Maintenance Deficiency. G. City May Cure Maintenance Deficiency. In the event Owner fails to cure a Maintenance Deficiency within the time allowed, the City may initiate a public hearing pursuant to Section 41-651 of the Santa Ana Municipal Code. At such a public hearing the City shall consider such evidence and testimony of interested persons as may be relevant to the matter. If upon the conclusion of a public hearing, the City makes a written finding that a Maintenance Deficiency exists and that there appears to be non-compliance with the maintenance and repair obligations referenced in Section 3(A) of this Agreement, the City shall have the right to record the notice described in Section 3(I) of this Agreement and thereafter the City may enter upon or otherwise access the Property for the purpose of curing the Maintenance Deficiency upon five (5) business days' notice to Owner. H. City's Lien Authority. If Owner fails to pay any sums paid to third parties by the City in enforcing, maintaining, repairing or replacing, curing any element of the Property of the Project as authorized in Section 3 for which a Maintenance Deficiency has been declared by the City to exist under Section 3(G) within thirty (30) days following Owner's receipt of the City's written demand (which shall include copies of contractors' invoices which evidence the sums expending by the City), such sums shall become a lien on the Leasehold Interest (but not Master Lessor's fee interest in the Property). The powers conferred upon City pursuant to this Section 3(H) are in addition to all other remedies which the City may have to enforce this Agreement, or any building or development project permit under other law including public nuisance abatement proceedings or any other action at law or equity. I. Enforcement of Liens by the 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 Leasehold Interest 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 cure a Maintenance Deficiency, including reasonable attorney's fees and costs of the prevailing party associated with the correction of the Maintenance Deficiency in connection with such action. If the amount of any such lien as relates to a Maintenance Deficiency is not paid within thirty (30) calendar days after written notice by the City to Owner, demanding such payment, the City shall have the right to enforce its lien in accordance with the statutory authority referenced under this Section 3(I)(1). The prevailing party in a collection or other lien enforcement action authorized by this 087057\I6824605v7