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I <br />2 <br />3 <br />4 <br />5 <br />6- <br />7 <br />8. <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />1a <br />19 I <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />all those holding bonds issued by said Corporation, or their <br />successors, and to convey all said right, 'title and interest to <br />SANTA ANA in a further quitclaim deed not later than August 1, <br />1974. .It is understood and agreed by and between both parties <br />that it is an essential condition of this agreement that SANTA <br />ANA obtain sufficient title to the three (3) parcels which are <br />the subject of the deed contained in Exhibit "B" so that the <br />extent of SANTA ANA'S title does not prevent that city from ob- <br />taining Federal funding assistance for the acquisition and <br />development of said property for park and recreational purposes. <br />4. It is further understood and agreed that if <br />GARDEN_GROVE is unable to insure SANTA ANA'S immediate and con- <br />tinuing right to enter, possess, develop and use the three (3) <br />parcels from and after execution of the deed in Exhibit "B" or if <br />GARDEN GROVE is unable to obtain and convey to SANTA ANA the full <br />right, title and interest designated above, by August 1, 1974, <br />SANTA ANA may suffer damages including, without limitation, any. <br />loss of Federal reimbursement for acquisition and development <br />costs, any funds expended by SANTA ANA for park development and <br />loss of tax revenues for that property subject'to the Easement. <br />SANTA ANA reserves the right to require that GARDEN GROVE demon- <br />strate diligent and good faith efforts to perform its obligations <br />hereunder. If, after the time f.or'any performance has passed, <br />SANTA ANA reasonably and in'good faith determines that GARDEN <br />GROVE'S inability or failure to perform will jeopardize SANTA- <br />ANA'S right to be reimbursed by the Federal government, SANTA ANA <br />may bring suit against GARDEN GROVE to compel compliance or <br />recover damages. <br />3 <br />