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Last modified
8/31/2023 11:45:49 AM
Creation date
8/31/2023 11:32:56 AM
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Contracts
Company Name
MICAH'S WAY
Contract #
A-2023-153
Agency
City Attorney's Office
Council Approval Date
8/15/2023
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DocuSign Envelope ID: 31399AD9E-11 B9.4253-A93B-5A95508756C9 <br />1.2 Execution and Delivery of Stipulation. Concurrently with the execution and delivery <br />of this Agreement, the Parties shall cause their respective attorneys of record in the Action to <br />execute and exchange with each other the signature pages from the Stipulation portion of the <br />Stipulated Order. Upon the Stipulation being fully executed by the Parties' respective counsel, <br />MW shall cause its attorneys to promptly submit the Stipulated Order to the Court for its <br />signature. <br />1.3 Nullification of Agreement. In the event that the Court (a) declines to enter the <br />Stipulated Order or (b) materially revises the Stipulated Order before entering it and both Parties <br />do not agree in writing to accept such revisions, then this Agreement shall automatically be <br />deemed null and void upon one of the Parties providing written notice of such nullification to the <br />other Party. <br />2.0 Mutual Covenants. <br />2.1 MW's Covenant. For a period of seven (7) years from the Effective Date of this <br />Agreement, MW covenants and agrees that, before (a) seeking relief from the District Court to <br />enforce this Agreement or (b) filing suit against the City or any of its council members, officers, <br />employees, or authorized agents or representatives (collectively, the "City's Related Persons") <br />relating to any claims or causes of action (a) arising out of MW's use or occupancy of the <br />Property and (b) basedupon any of MW's existing or potential rights, privileges, or defenses <br />arising under any of the Applicable Laws, MW shall first comply with its obligations under the <br />terms of the Dispute Resolution Process set forth in Section 4 below. <br />2.2 Ci. W s Covenant. For a period of seven (7) years from the Effective Date of this <br />Agreement, the City covenants and agrees that, before (1) seeking relief from the District Court <br />to enforce this Agreement or (2) filing suit, or taking any administrative action, (including, but <br />not limited to, the issuance of any administrative citations, the imposition of any fines, or the <br />commencement of any nuisance abatement proceedings), against MW, or any of its directors, <br />officers, members, volunteers, clients, or authorized agents or representatives (collectively, <br />"MW's Related Persons") relating to any claims or causes of action (a) arising out of MW's use <br />or occupancy of the Property and (b) based upon any of the City's existing or potential rights, <br />privileges, or defenses arising under any of the Applicable Laws, the City shall first comply with <br />its obligations under the terms of the Dispute Resolution Process set forth in Section 4 below. <br />3.0 Issuance of COO and Business License; Permitted and Unpermitted Uses at the Property <br />3.1 Issuance of COO and Business License. Upon the Court's entry of the Stipulated <br />Order, MW shall promptly submit a new COO Application and new Business License <br />Application (and any required payment) to the City. No later than ten (10) business days after <br />receipt of these Applications, the City shall issue a valid COO and a valid Business License to <br />MW, permitting MW to use and occupy the Property for its Charitable Services, including its <br />Incidental Food Activities, in accordance with the terms and conditions of this Agreement. In <br />issuing the COO and Business License to MW, the City shall deem MW's Resource Center at the <br />Property to meet the definition of "Professional, business, and administrative office," as set forth <br />in Section 41-127.5 of the Santa Ana Municipal Code. <br />
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