Laserfiche WebLink
issues a written notice of "Maintenance Deficiency" as this term is defined in Section 7(D) of this <br />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 7(A) (such failure hereinafter referred to <br />as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance <br />Deficiency to Owner. <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; and (ii) what steps Owner have already taken to commence the <br />cure of the Maintenance Deficiency. The City, in its reasonable discretion, may grant, <br />conditionally grant or deny any written request for additional time as determined by the Code <br />Enforcement Manager. The City shall be under no obligation to consider untimely submitted time <br />extension requests or requests which fail to provide any of the information required above. <br />F. Removal of Graffiti. Owner hereby further covenants and agrees to keep the exterior <br />surfaces of the Improvements located on the Property free and clear of graffiti. Graffiti shall be <br />removed within twenty-four (24) hours following the time of its application. A failure by Owner <br />to remove graffiti within twenty-four (24) hours following its application on any structure, fixture <br />or other improvement located on the Property shall be deemed to be a Maintenance Deficiency for <br />which no further notice under Section 7(D) needs to be given by the City. <br />G. City May Cure Maintenance Deficiency. <br />In the event Owner fails to cure a Maintenance Deficiency within the time allowed, <br />the City may enter upon or otherwise access the Property for the purpose of curing <br />the Maintenance Deficiency without further notice to Owner. <br />The foregoing notwithstanding, the City, without notice to Owner, shall have the <br />right to enter the Property and remove graffiti, solid waste, trash, or other debris <br />under the following two circumstances: (i) a failure by Owner to remove graffiti <br />within twenty-four (24) hours following its application on the Improvements; or (ii) <br />a failure by Owner to remove the accumulation of solid waste, trash, or other debris <br />immediately adjacent to the Improvements that is visible for a duration of twenty- <br />four (24) hours from an adjacent or contiguous public right-of-way or from a <br />designated fire lane on the Property. <br />H. City's Lien Authority. Any sums expended by the City in enforcing, maintaining, <br />repairing or replacing, or curing any element of the Improvements as authorized in Section 7 for <br />which a Maintenance Deficiency has been declared by the City to exist, shall become a lien on the <br />Property subject to enforcement by the City under applicable law. <br />