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TOLL WEST COAST, LLC
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Last modified
6/20/2024 10:03:11 AM
Creation date
5/8/2024 10:50:22 AM
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Contracts
Company Name
TOLL WEST COAST, LLC
Contract #
A-2022-238
Agency
Community Development
Council Approval Date
12/6/2022
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accessible bathrooms and bathroom fixtures, landscaping and related landscape <br />improvements and the like, as applicable); <br />(e) If Developer and the owner of the Property are different (e.g., if the applicant is <br />a tenant or licensee of the Property or any portion thereof), or if a homeowners association <br />has been created, both the applicant and the owner of the Property, or homeowners <br />association, as applicable, shall be signatories to the maintenance agreement and both shall <br />be jointly and severally liable for compliance with its terms; <br />(f) The maintenance agreement shall further provide that any party responsible for <br />complying with its terms shall not assign its ownership interest in the Property or any <br />interest in any lease, sublease, license or sublicense, except as set forth herein or artless the <br />prospective assignee agrees in writing to assume all of the duties and obligations and <br />responsibilities set forth under the maintenance agreement; <br />(g) The maintenance agreement shall contain provisions relating to the enforcement <br />of its conditions by the City and shall also contain provisions authorizing the City to <br />recover costs and expenses which the City may incur arising out of any enforcement and/or <br />remediation efforts which the City may undertake in order to cure any deficiency in <br />maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of <br />the Property. The maintenance agreement shall further provide that any unreimbursed costs <br />and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use <br />restrictions shall become a lien upon the Property in an amount equivalent to the actual <br />costs and/or expense incurred by the City (provided, however, that City acknowledges and <br />agrees that the priority of any such lien shall be deemed to be the date such lien is fled, <br />and not the date this Agreement is recorded); and, <br />(h) The execution and recordation of the maintenance agreement shall be a <br />condition precedent to the issuance of the Certification of Occupancy. <br />4.7 Management Plan. Prior to Certificate of Occupancy, Developer shall submit for <br />the reasonable approval of City a "Management Plan" which sets forth in detail the property <br />management duties, a purchaser selection process in accordance with this Agreement, a security <br />system (comprised of security cameras with audio voice down capability) and crime prevention <br />program, the rules and regulations for the Property and manner of enforcement, an operating <br />budget, the identity and emergency contact information of the professional property management <br />company to be contracted with to provide onsite property management services at the Property <br />("Property Manager"), and other matters relevant to the management of the Property. The <br />Management Plan shall require Developer to adhere to a fair sale and grievance procedure. The <br />management of the Property shall be in compliance with the Management Plan as approved by <br />City. <br />If City determines that the performance of the Property Manager is deficient based upon <br />the standards set forth in the approved Management Plan and in this Agreement, City shall provide <br />written notice to the Developer and/or homeowners association, as applicable, of such deficiencies <br />and the Developer and/or homeowners association, as applicable, shall use commercially <br />9 <br />
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