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THRIVE (3)
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Last modified
1/23/2019 11:05:45 AM
Creation date
1/23/2019 10:35:29 AM
Metadata
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Contracts
Company Name
THRIVE
Contract #
A-2018-117-02
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
5/1/2018
Expiration Date
4/26/2019
Insurance Exp Date
10/27/2019
Destruction Year
2023
Notes
A-2018-117-01
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2.3 The term of this License shall extend from the full execution of this License until <br />the earlier of the following to occur: (1) the expiration of the ENA; (2) the termination as set <br />forth in Section 3.2 hereof. <br />MISCELANEOUS <br />3.1 The Licensee agrees that permission to enter is not a waiver of the right to receive <br />compensation for the acquisition of the Property or any remedy authorized by law to secure <br />payment therefore. Nothing in this License shall be interpreted as, or otherwise be deemed to be, a <br />transfer or conveyance of any interest in real property whatsoever between City and the Licensees <br />(or any of them), except as otherwise specifically provided in writing. The parties acknowledge <br />and agree that nothing in this License shall be interpreted as an agreement for the lease or other use <br />of the Property by the Licensees (or any of them). Any agreement for the use of the Property for <br />any purpose(s) other than those set forth in this License or for the conveyance of an interest in real <br />property must be the subject of a separate written agreement between the parties. <br />3.2 This License may be terminated by either party, with or without cause, by <br />providing two (2) days' written notice to the other party at the address set forth in section 3.5 <br />hereof. <br />3.3 In the event of the bringing of any action or suit by a party against another party <br />under this License to enforce this License, the prevailing party shall, in addition to any other <br />relief to which that party may be entitled, be entitled to have and recover from the other <br />attorney's fees and costs, as determined by a court of competent jurisdiction. <br />3.4 Neither party shall be liable for any delay in the performance of any of their <br />respective obligations hereunder, or for any damages suffered by City or the indemnitees listed <br />herein by reason of such delay, if such delay is, directly or indirectly, caused by, or in any <br />manner arises from, fires, floods, accidents, civil unrest, acts of God, war, governmental <br />interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or <br />supplies, transportation delays, or any other cause or causes whether or not similar in nature to <br />any of these hereinbefore specified beyond the City's control. Any such delay shall <br />automatically extend the term of this License one whole day for each day or portion thereof <br />during which such delay shall exist. <br />3.5 All notices or other communication provided for under this License shall be in <br />writing, and shall be delivered personally, sent by reputable overnight mail equivalent carrier, or <br />sent by registered or certified mail, return receipt requested, postage prepaid, addressed to the <br />person to receive such notice or communication at the following address and shall be effective <br />upon the earlier of actual receipt (including by facsimile) or refusal to accept delivery: <br />If to the City: The City of Santa Ana <br />Executive Director <br />Community Development Agency <br />20 Civic Center Plaza (M-20) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />-3- <br />
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