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Last modified
3/17/2021 2:39:15 PM
Creation date
3/17/2021 2:37:49 PM
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Contracts
Company Name
CENTRO CULTURAL DE MEXICO
Contract #
N-2021-045
Agency
City Attorney's Office
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1 Notice. <br />Any notice, tender,. demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in person or <br />mailed by first class or eerlifiedtnail, postage prepaid, or sent by fax or other telegraphic <br />communication In the manner provided in this Section, to the following persons: <br />City: <br />El Centro: <br />City of Santa Ana <br />El Centro Cultural Do Mexico <br />20 Civic Center Plaza <br />837 Ross St. , <br />P:C, Box 1988 <br />Santa Ana, CA 92701 <br />Sana Ana, CA 92701 <br />Attention: Maria Mariguilar <br />Attention: City Manager <br />4. Default, <br />(a) In the event El Centro or City defaults in theperformanee of any of their obligations <br />outlined in Sections land 2 of this Agreetnent, respectfully, the other Party may enforce this <br />Agreement through specific performance or may exercise any other available remedies. The <br />breaching party shall have three (3) days _from the receipt ofwritten notice by non breaching <br />party to use all reasonable means to cure the alleged breach and to notify the non -breaching patty <br />In writing that cure has been effected. if the breach is not cured within the three(3) day period, <br />the non -breaching patty may terminate thts.Agrcementwithout '--fruther notice. In the event City <br />or El Cemro cures such default within such three (3) day period, all obligations hereunder shall <br />continue in fall force and effect, <br />(b) if El Centro fails to cure, the City may take all necessary action, including the filing <br />of a civil nuisance abatement action and quay seek all remedies available under the law, including <br />but not limited to an hijunction; appointment of a receiver, an order of abatement, civil penalties, <br />costs of suit and any other relief the courtdeems proper. <br />5, Representations, Each Party further represents and watrartu, as to itself, but not as to, <br />any other Party, as foliows: <br />(a) El Centro is the sole and lawful owner or real property commonly known as El Centro <br />Cultural de Mexico located at 837 North Ross Street, Santa Ana, CA 92701. <br />(b) Each Party has received or has had the opportunity to receive independent legal <br />advice from attorneys of such Party's choice with respect to the advisability of executing this <br />Agreement and the releases provided for herein; and prior to the execution of this Agreement by <br />each Party, that Parry's attorney, if any, reviewed this Agreement and discussed the Agreement <br />with such Party, and the Party has made all desired changes. <br />(c) Except as expressly stated in this Agreement, each Party represents and warrants that <br />it has not made any statement or representation to any other Party regarding any facts relied upon <br />by said other Party in entering into this Agreement, and each Patty specifically does not rely <br />
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