KMT INVESTMENT GROUP LLL, KELLI PERROT

Home Browse Search

4.5 The Proposed Operator or the property owner shall ensure that a security guard be present at the shopping center location to monitor activities in the parking lot and in the immediate vicinity of the Property from 5:00 pm to close on weekdays and from 10:30 am to close on weekends. 4.6 Proposed Operator shall ensure that, other than the normal opening and closing of doors for access by customers and/or staff, doors shall remain closed during Business Hours and throughout the duration of closing time operations to reduce audible noise leaving the Property. 4.7 Proposed Operator shall be responsible to coordinate a quarterly meeting with staff to review business operations and compliance with the terms and conditions of this Agreement, the underline conditions of CUP and/or concerns and/or incidents, if any. SECTION 5. CITY OF SANTA ANA. The City of Santa Ana acknowledges and agrees to the following: 5.1 The Agreement shall be valid, applicable and in place for the Agreement Period as provided herein. 5.2 Upon expiration of the Agreement Period and Proposed Operator's substantial compliance with this Agreement, the Temporary Conditions and operational conditions of the CUP, City agrees this Agreement shall automatically terminate, with no further actions required by either party and ALL condition shall REVERT to the original conditions approved by the CUP. 5.3 City will endeavor to communicate with Proposed Operator and/or Proposed Operator's representative during the Agreement Period related to any concerns, complaints and/or issues to allow the Proposed Operator to take immediate and appropriate actions to address the same. 5.4 The City shall retain its rights to take all appropriate enforcement action, including but not limited to, administrative action(s) as authorized under the Santa Ana Municipal Code, in the event the City finds, at its sole discretion, that Proposed Operator either: (1) violated the terms and conditions of this Agreement; and/or (2) the conditions of approval outlined in CUP No. 2019-07. SECTION 6. MUTUAL REPRESENTATIONS. Both parties represent and acknowledge that the Proposed Operator, while not responsible for the previous actions, non -actions and/ or compliance related issues of the previous operator and business, has entered into this Agreement in good faith and to show its intention to comply with all applicable conditions and establish a record of compliant operations to the City. SECTION 7. GENERAL PROVISIONS. 7.1 None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.