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75E - PH 2525 MAIN ST
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75E - PH 2525 MAIN ST
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Last modified
2/1/2019 4:04:49 PM
Creation date
2/1/2019 3:58:07 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75E
Date
2/5/2019
Destruction Year
2024
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55374.00ooz31553187.10 <br />performance by the party benefited thereby of the covenants to be performed <br />hereunder by such benefited party. <br />10.13 Successors in Interest. The burdens of this Agreement shall be <br />binding upon, and the benefits of this Agreement shall inure to, all successors in <br />interest to the Parties to this Agreement. All provisions of this Agreement shall be <br />enforceable as equitable servitudes and constitute covenants running with the land. <br />Each covenant to do or refrain from doing sonic act hereunder with regard to <br />development of the Property: (a) is for the benefit of and is a burden upon every <br />portion of the Property; (b) ruts with the Property and each portion thereof; and (c) <br />is binding upon each party and each successor in interest during ownership of the <br />Property or any portion thereof. <br />10.14 Counterparts. This Agreement may be executed by the parties in <br />counterparts, which counterparts shall be construed together and have the same <br />effect as if all of the parties had executed the same instrument. <br />10.15 Jurisdiction and Venue. Any action at law or in equity arising <br />under this Agreement or brought by a party hereto for the purpose of enforcing, <br />construing or determining the validity of any provision of this Agreement shall be <br />filed and tried in the Superior Court of the County of Orange, State of California, <br />and the parties hereto µ-dive all provisions of law providing for the filing, removal <br />or change of venue to any other court. <br />10.16 Project as a Private Undertakine. It is specifically understood and <br />agreed by and between the parties hereto that the development of the Project is a <br />private development, that neither party is acting as the agent of the other in any <br />respect hereunder, and that each party is an independent contracting entity with <br />respect to the terms, covenants and conditions contained in this Agreement. No <br />partnership, joint venture or other association of any kind is formed by this <br />Agreement. The only relationship between CITY and OWNER is that of a <br />government entity regulating the development of private property and the owner of <br />such property. <br />10.17 Further Actions and Instruments. Each of the Parties shall <br />cooperate with and provide reasonable assistance to the other to the extent <br />contemplated hereunder in the performance of all obligations under this Agreement <br />and the satisfaction of the conditions of this Agreement. Upon the request of either <br />party at any time, the other party shall promptly execute and file or record such <br />required instruments and writings and take any actions as may be reasonably <br />necessary under the teens of this Agreement to carry out the intent and to fulfill the <br />provisions of this Agreement or to evidence or consummate the transactions <br />contemplated by this Agreement. <br />10.18 Eminent Domain. No provision of this Agreement shall be <br />construed to limit or restrict the exercise by CITY of its power of eminent domain. <br />10.19 Aeent for Service of Process. In the event OWNER is not a <br />resident of the State of California or it is an association, partnership or joint <br />venture without a member, partner or joint venturer resident of the State of <br />California. or it is a foreign corporation, then in any such event, OWNER shall file <br />-25- <br />75E-151 <br />
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