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ALTAMED HEALTH SERVICES
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Last modified
12/7/2023 5:39:32 PM
Creation date
12/7/2023 5:33:24 PM
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Contracts
Company Name
ALTAMED HEALTH SERVICES
Contract #
N-2023-330
Agency
Planning & Building
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the City under Section 3(G) to restore the Property and the Project to the <br />maintenance standard required under this Section 3, including reasonable attorney's <br />fees and costs of the prevailing party associated with the correction of the <br />Maintenance Deficiency in connection with such action. If the amount of any such <br />lien as relates to a Maintenance Deficiency is not paid within thirty (30) calendar <br />days after written notice by the City to Owner, demanding such payment, the City <br />shall have the right to enforce its lien in accordance with the statutory authority <br />referenced under this Section 3(I)(1). The prevailing party in a collection or other <br />lien enforcement action authorized by this Section 3(I) shall also have the right to <br />collect its reasonable attorney's fees, costs and expenses associated with any action <br />or proceeding to enforce or defend 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(I)(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 />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 />SECTION 4. TERMINATION of AGREEMENT. This Agreement shall terminate and <br />be of no further force or effect upon the mutual written termination of this Agreement by Owner <br />and City. <br />SECTION 5. LEGAL ADVICE. Each Party represents and warrants to the other the <br />following: they have carefully read this Agreement, and in signing this Agreement, they do so with <br />full knowledge of any right which they may have; they have received independent legal advice <br />from their respective legal counsel as to the matters set forth in this Agreement, or having <br />knowingly chosen not to consult legal coimsel as to the matters set forth in this Agreement; and <br />they have freely signed this Agreement without any reliance upon any agreement, promise, <br />statement, or representation by or on behalf of the other Party, or in their respective agents, <br />employees or attorneys, except as specifically set forth in this Agreement, and without duress or <br />coercion, whether economic or otherwise. <br />2 <br />
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