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SPOT, THE (THE 10 SPOT, INC.)
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SPOT, THE (THE 10 SPOT, INC.)
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Last modified
8/29/2024 2:53:44 PM
Creation date
5/6/2020 4:13:29 PM
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Contracts
Company Name
SPOT, THE (THE 10 SPOT, INC.)
Contract #
A-2017-394
Agency
PLANNING & BUILDING
Council Approval Date
11/21/2017
Expiration Date
12/31/2020
Destruction Year
2025
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the default within thirty (30) days of the date of the notice of termination for cause, <br />this AGREEMENT will be terminated. <br />I. This AGREEMENT will automatically terminate if: <br />i. OPERATOR's Regulatory Safety Permit is revoked by CITY or is not renewed by <br />CITY, or <br />ii. OPERATOR transfers its Regulatory Safety Permit pursuant to Santa Ana <br />Municipal Code section 40-12. <br />9. Termination Without Cause. <br />Upon mutual written agreement of the Parties, this AGREEMENT may be terminated <br />with thirty (30) days' notice. <br />10. Termination - Effect on Prior Obligations. <br />Upon any termination of this AGREEMENT, OPERATOR's obligation to report and remit <br />operating agreement fees due and payable under the terms of this AGREEMENT for each <br />month or fraction of a month of a cannabis business operation engaged in within the City of <br />Santa Ana prior to termination of this AGREEMENT shall continue to be in effect. Past due <br />penalties and late interest charges shall continue to accrue and be applicable until all <br />operating fees due under this AGREEMENT are paid in full. OPERATOR's liability for any <br />remaining unpaid past due penalties and/or late interest charges shall continue until fully <br />satisfied. <br />11. Remedies. <br />A. It is acknowledged by the parties that CITY would not have entered into this <br />AGREEMENT if it were to be liable in damages under this AGREEMENT, or with <br />respect to this AGREEMENT or the application thereof, except as hereinafter <br />expressly provided. <br />B. Each of the parties hereto may pursue any remedy at law or equitable relief available <br />for the breach of any provision of this AGREEMENT, except that CITY shall not be <br />liable in monetary damages, unless expressly provided for in this AGREEMENT. <br />C. Any dispute, claim or controversy arising out of or relating to this Agreement or the <br />breach, termination, enforcement, interpretation or validity thereof, including the <br />determination of the scope or applicability of this agreement to arbitrate, shall be <br />determined by arbitration in Orange County California before three arbitrators. The <br />arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration <br />Rules and Procedures pursuant to JAMS' Streamlined Arbitration Rules and <br />Procedures. Judgment on the Award may be entered in any court having jurisdiction. <br />This clause shall not preclude parties from seeking provisional remedies in aid of <br />arbitration from a court of appropriate jurisdiction. <br />12. Reimbursement Clause. <br />In consideration of the time and costs incurred by CITY in the drafting and <br />implementation of this AGREEMENT, OPERATOR agrees to pay $2,500 to CITY within <br />thirty (30) days of execution of this AGREEMENT. <br />13. Attorney Fees and Costs. <br />0 <br />
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