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CABRILLO 35 - SANTA ANA, L.P.
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CABRILLO 35 - SANTA ANA, L.P.
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Last modified
7/8/2024 3:06:56 PM
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7/8/2024 3:06:55 PM
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Contracts
Company Name
CABRILLO 35 - SANTA ANA, L.P.
Contract #
N-2024-223
Agency
Planning & Building
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14. The vehicle parking areas shown on the Property Site Plan shall be maintained in a <br /> good condition to facilitate parking with the American with Disabilities Act complaint <br /> vehicle parking spaces for the Buildings as shown on the Property Site Plan. <br /> 15. Any abandoned vehicle on the Property shall be promptly removed. <br /> 16. All onsite parking spaces shall be accessible and free of obstructions and can only be used <br /> for parking of operable vehicles at all times. <br /> B. Owner Confers to City Right to Conduct Maintenance and Repairs. Owner on behalf <br /> of itself, its successors and assigns hereby confers upon the City the right but not the obligation to <br /> conduct maintenance and repairs on the Property as required in Section 3(A) of this Agreement, <br /> subject to the conditions of Section 3(C). Such powers under Section 3(B) of this Agreement are <br /> conferred by Owner on the City for the benefit of the City to provide for the health, safety and <br /> welfare of all persons who use the Project or any portion thereof and other persons who reside in <br /> the vicinity of the Project and the entire City. No ownership interest in the Property as a whole or <br /> the common areas in the Property, or any interest in any lease, sublease, license or sublicense of <br /> the Property as a whole or the common areas in the property, shall be conveyed unless the <br /> prospective recipient of such interest agrees in writing to assume all duties, obligations, and <br /> responsibilities set forth in this Agreement. <br /> C. City Right to Enforce. The right and power of the City to enforce the maintenance, <br /> repair and replacement obligations of Owner shall not be deemed to arise by virtue of this Section <br /> 3 alone. Any provision of this Agreement to the contrary notwithstanding, the City may, by public <br /> nuisance abatement proceeding, and/or by the initiation of an action at law or in equity, <br /> notwithstanding this Section 3, enforce the law as relates to the abatement or elimination of a <br /> public nuisance at the Property or enforce any provision or conditions of approval of a building or <br /> development permit issued for the Property by the City. It shall be presumed that the City is <br /> proceeding under the general municipal policy powers reserved to the City under this Section 3(C) <br /> if the City issues a written notice of"Maintenance Deficiency" as this term is defined in Section <br /> 3(D) of this 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 3(A) (such failure hereinafter referred to <br /> as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance <br /> Deficiency to Owner, as provided in Section 13 of this Agreement. <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; (ii)what steps Owner have already taken to commence the cure <br /> of the Maintenance Deficiency. The City, in its reasonable discretion, may grant, conditionally <br /> grant or deny any written request for additional time as determined by the Code Enforcement <br /> Manager. The City shall be under no obligation to consider untimely submitted time extension <br /> requests or requests which fail to provide any of the information required above. <br /> 4 <br />
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