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C.J. SEGERSTORM & SONS AND 7 LEAVES HOLDING, INC.
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C.J. SEGERSTORM & SONS AND 7 LEAVES HOLDING, INC.
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Last modified
1/29/2024 12:35:33 PM
Creation date
10/19/2023 1:46:45 PM
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Contracts
Company Name
C.J. SEGERSTORM & SONS AND 7 LEAVES HOLDING, INC.
Contract #
N-2023-273
Agency
Planning & Building
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I. Enforcement of Liens by the City. <br />The rights conferred upon the City by Owner under Section 3 of this Agreement <br />expressly include the power to establish and enforce a lien against the Property or <br />any portion thereof, subject to all then existing other liens and encumbrances on the <br />Property, in an amount reasonably necessary to reimburse the City for its reasonable <br />costs of the necessary and reasonable costs incurred by the City under Section 3(G) <br />to restore the Property and the Project to the maintenance standard required under <br />this Section 3, including reasonable attorney's fees and costs of the prevailing party <br />associated with the correction of the Maintenance Deficiency in connection with <br />such action. If the amount of any such lien as relates to a Maintenance Deficiency <br />is not paid within thirty (30) calendar days after written notice by the City to Owner <br />and Applicant, demanding such payment, the City shall have the right to enforce its <br />lien in accordance with the statutory authority referenced under this Section 3(1)(1). <br />The prevailing party in a collection or other lien enforcement action authorized by <br />this Section 3(l) shall also have the right to collect its reasonable attorney's fees, <br />costs and expenses associated with any action or proceeding to enforce or defend <br />its rights hereunder. <br />2. In the event that the City makes a written finding that a Maintenance Deficiency <br />exists on the Project as provided in Section 3(G), then in addition its lien powers <br />under Section 3(l)(1), the City may record a notice of correction of Maintenance <br />Deficiency be recorded against the Property. Such a notice of Maintenance <br />Deficiency shall refer to Section 3(G) of the Agreement, be signed by the Executive <br />Director of the Planning and Building Agency and shall have a duration following <br />the date of its recordation until such date the Maintenance Deficiency is corrected. <br />Upon payment of any lien amount or substantial satisfaction of any Maintenance <br />Deficiency, the City shall execute and record such instruments as required to <br />remove all documents of record against the Property relating to such lien or <br />Maintenance Deficiency, as applicable. <br />J. No approval by Owner shall be necessary for the City to establish and foreclose a lien <br />for non-payment of amounts expended by the City to cure a Maintenance Deficiency under Section <br />3 of this Agreement. No failure by the City to enforce any default pertaining to the maintenance, <br />repair or replacement of any element of the Property or the Project under Section 3 shall be deemed <br />to be a waiver of the right or power of the City to enforce any subsequent default thereof by Owner. <br />K. Priority of City Ordinances and Other Laws. Notwithstanding any provision in this <br />Agreement to the contrary, the approval and acceptance of this Agreement by the City shall not be <br />deemed a waiver or release of any applicable provision of any building permit or other <br />development project permit issued by the City for the improvement of the Project on the Property, <br />or of any other applicable ordinance or law or the general police power of the City. In the event <br />of any conflict or inconsistency between any provision hereof and any ordinance, law, or the <br />general police power of the City, the latter shall prevail. <br />0 <br />
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