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TRAN, MADELENE AND HUA, JOSHUA; LAI, HIEN AND HUA, ANH NHUNG
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TRAN, MADELENE AND HUA, JOSHUA; LAI, HIEN AND HUA, ANH NHUNG
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Last modified
10/24/2024 3:38:48 PM
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10/24/2024 3:38:47 PM
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Contracts
Company Name
TRAN, MADELENE AND HUA, JOSHUA; LAI, HIEN AND HUA, ANH NHUNG
Contract #
N-2024-350
Agency
Parks, Recreation, & Community Services
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17. Vehicles utilized for ingoing and outgoing deliveries to the Building shall not exceed the <br /> weight limits set forth by the Department of Transportation Federal Highway <br /> Administration applicable to Class 1 through Class 7 type- vehicles, so long as no such <br /> vehicle exceeds forty (40)feet in length. <br /> 18. The idling of vehicles, including delivery vehicles, is prohibited within the Property or <br /> adjacent streets. For purposes of this Agreement, "idling" refers to the running of a <br /> vehicle's (including those used for incoming and outgoing deliveries at the Building) <br /> engine when such vehicle is not in motion for more than five (5) minutes, including when <br /> such vehicle is parked outside the Building or otherwise stationary with the engine <br /> running. <br /> 19. All operations of any preapproved mechanical equipment shall be conducted within the <br /> Building and that all openings to the Building shall be maintained in a closed position <br /> during the usage of such mechanical equipment usage. <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 (he obligation <br /> to conduct maintenance and repairs on the Property as required in Section 3(A) of this <br /> Agreement, subject to the conditions of Section 3(C). Such powers under Section 3(B) of this <br /> Agreement are conferred by Owner on the City for the benefit of the City to provide for the <br /> health, safety and welfare of all persons who use the Project or any portion thereof and other <br /> persons who reside in the vicinity of the Project and the entire City. No ownership interest in the <br /> Property or any interest in any lease, sublease, license or sublicense of the Property shall be <br /> conveyed unless the prospective recipient of such interest agrees in writing to assume all duties, <br /> obligations, and 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 <br /> Section 3 alone. Any provision of this Agreement to the contrary notwithstanding, the City may, <br /> by public 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 <br /> or 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 <br /> 3(C) if the City issues a written notice of"Maintenance Deficiency" as this term is defined in <br /> Section 3(D) of this Agreement. <br /> D. Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of <br /> the maintenance and repair obligations referenced in Section 3(A) (such failure hereinafter <br /> referred to as a "Maintenance Deficiency"), the City shall issue written notice of such <br /> Maintenance 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 <br /> cure the Maintenance Deficiency identified in such Notice. Within the tirneframe specified by <br /> the Code Enforcement Division in the notice of a Maintenance Deficiency, Owner may submit a <br /> written request to the City seeking additional time to cure the Maintenance Deficiency. Each <br /> such written request for additional time shall describe and specify in detail (i) which tasks <br /> require additional time to complete the cure of the Maintenance Deficiency and the reason why <br /> such additional time is needed under the circumstances; (ii) what steps Owner have already taken <br /> 4 <br />
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