Laserfiche WebLink
EXHIBIT 1 <br />City Draft 8/17/18 <br />For Discussion Purposes Only <br />alteration or variation of the terms of this Memorandum shall be valid unless made in writing and signed <br />by the Parties; and no oral understanding or agreement not Incorporated herein shall be binding on either <br />of the Parties. <br />E. Notices or other communications which may be required or provided under the terms of this <br />Memorandum shall be given as follows: <br />Cities: City of Santa Ana <br />Sana Ana, CA 92701 <br />Attention: <br />County: County of Orange/County Executive Office <br />333 W. Santa Ana Blvd., 31d Floor <br />Santa Ana, CA 92701 <br />Attention: Frank Kim, CEO <br />United States mail, first class, postage prepaid and addressed as above. Notwithstanding the above, the <br />Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed <br />to have been given upon receipt during normal business hours or, in the event of receipt after business, <br />on the following business day. Any notices, correspondence, reports and/or statements authorized or <br />required by this Memorandum, addressed in any other fashion shall be deemed not given. <br />F. In any action or proceeding to enforce or interpret any provision of this Memorandum, or <br />where any provision hereof is validly asserted as a defense, the Parties shall bear their own attorney's <br />fees, costs and expenses. I <br />G. This Memorandum may be executed in two or more counterparts, each of which shall be <br />deemad-an-original, t-Wl ofwhich-togatttarshall-aminatebutene-rrd"ho-same-tnstram-en . <br />H. Prior to the acquisition or lease of the Site, either Party may terminate this Memorandum <br />upon thirty (30) days' notice to the other Party. <br />I. In the event County or City defaults in the performance of any of their obligations under <br />this Memorandum or materially breaches any of the provisions of this Memorandum, the other Party may <br />enforce this Memorandum through specific performance or may exercise any other available remedies. <br />Additionally, the failure of one Party to fulfill its obligations hereunder shall relieve the other Party of doing <br />so as well upon thirty (30) days' prior written notice to the other Party. In the event City or County cures <br />such default within such thirty (30) day period, all obligation hereunder shall continue In full force and <br />effect. <br />J. Each Party represents and warrants that the execution, delivery and performance of this <br />Memorandum have been duly authorized by all necessary action of such Party's governing board, and <br />the person executing this Memorandum on behalf of such Parry has been duly authorized and <br />empowered to do so on behalf of such Parry. <br />K. The laws of the State of California and applicable local and federal laws, regulations and <br />guidelines shall govern this Memorandum. <br />L. This Memorandum may be executed and delivered in any number of counterparts, each <br />of which, when executed and delivered shall be deemed an original and all of which together shall <br />constitute the same agreement <br />Page 3 of 4 <br />65C-7 <br />