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POLITIS, SPIRIOS
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Last modified
10/14/2024 11:51:18 AM
Creation date
10/14/2024 11:51:17 AM
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Contracts
Company Name
POLITIS, SPIRIOS
Contract #
N-2024-324
Agency
Parks, Recreation, & Community Services
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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 attomey'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 counsel 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 /> SECTION 6. REPRESENTATION AND WARRANTIES OF OWNER. <br /> Owner represents and warrants for the benefit and reliance for the City as follows: <br /> 6 <br />
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