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HUNTER, C & B & ORGERON, F&B-2005
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HUNTER, C & B & ORGERON, F&B-2005
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Last modified
1/3/2012 2:57:33 PM
Creation date
9/7/2005 11:59:55 AM
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Contracts
Company Name
Creighton D. & Betty A. Hunter & Fred & Brenda Orgeron
Contract #
A-2005-203
Agency
Public Works
Council Approval Date
8/15/2005
Expiration Date
9/15/2005
Destruction Year
2010
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<br />" <br /> <br />NOTICES AND REQUEST FOR NOTICE <br /> <br />17. Notices required or permitted under this Agreement shall be binding if delivered personally to party sought to be <br />served or if mailed by registered or certified mail, postage prepaid in the United States mail to the following: <br /> <br />Vendor: <br /> <br />City of Santa Ana <br />Public Works Agency <br />Attn: Souri Amirani <br />20 Civic Center Piaza, M-36 <br />Santa Ana, CA 92702 <br /> <br />Vendee: <br /> <br />Fred and Brenda Orgeron <br />513 Calle del Rito <br />San Clemente, CA 92672 <br /> <br />Creighton and Betty Hunter <br />2314 Riverside Drive <br />Santa Ana, CA 92706 <br /> <br />Trustee: <br /> <br />Commonwealth Land Title Company <br />2301 Dupont Drive, Suite 450 <br />Irvine, Califomia 92612 <br /> <br />Vendor and Vendee hereby request that notice of default and notice of sale hereunder be mailed to them at the <br />above addresses. <br /> <br />CONSTRUCTION <br /> <br />18. All words used in this Agreement, including the words 'Vendor" and 'Vendee" shall be construed to include the plural <br />as well as the singular number; words used herein in the present tense shall include the future as well as the present; <br />words used in the masculine gender shall include the feminine and neuter gender. <br /> <br />Any clause in this Agreement that requires one or both of the parties' instruction to Trustee, may be satisfied by such <br />parties' heirs, devisees, administrators, executors, successors or assigns' instruction to Trustee. <br /> <br />Each heading used in this Agreement is included for the convenience of the parties hereto and should not in any way <br />be interpreted as a summary of any provision contained in the body of this Agreement. <br /> <br />In the event that any provision of this Agreement is held to be invalid or unenforceable by any court of competent <br />jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. <br /> <br />EXECUTION <br /> <br />19. This Agreement shall be executed in duplicate. <br /> <br />OTHER PROVISIONS <br /> <br />20. Vendor and Vendee acknowledge the Property has environmental contamination, as defined by Leighton Consulting, <br />Inc. "Supplemental Site Investigation Reporf' Project, dated April 29, 2005. Vendor and Vendee agree that the <br />property will require environmental remediation and/or monitoring by regulatory agencies. As outlined in Paragraph <br />No.3 part (c) of this agreement, Two Hundred Thousand and NOl100 Dollars ($200,000) of the Purchase Price will <br />be set aside for environmental remediation and monitoring activities. Vendor and Vendee agree that these said <br />monies will be used for clean up and monitoring activities, as deemed appropriate by regulatory agencies andlor the <br />Vendee. <br /> <br />Upon completion of all environmental remediation and monitoring work, on the Property, a "Site Closure Reporf' will <br />be issued by the appropriate regulatory agency. After the Vendor and Vendee receive a written Site Closure Report, <br />and payment from the escrow account has been made for all outstanding invoice. Vendee agrees to authorize <br />release of any remaining monies in the escrow account, to the Vendor, in a timely manner. <br /> <br />Vendee also agrees to hold the Vendor harmless from any claim relating to environmental hazards, above the Two <br />Hundred Thousand and NO/100 Dollars ($200,000) deposited into escrow as defined by Paragraph No.3 part (c) of <br />this agreement. <br /> <br />8 <br />
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