CALIFORNIA, STATE OF - JUDICIAL COUNCIL OF CALIFORNIA - 2005

Home Browse Search

. . replacement parking of comparable convenience and security ("Temporary Parking"), at no cost to the State. The City shall continue to provide the Temporary Parking until such time as the State's use of and access to the State Parking Area is fully restored, or until the City provides permanent replacement parking of comparable convenience and security as the State Parking Area, at no cost to the State. In the event that the City determines that the repair or replacement of the City Parking Structure is not feasible, then the City shall provide the State with permanent replacement parking of comparable convenience and security as the State Parking Area, at no cost to the State. 2,4, Notice and Riaht to Cure, If the State believes that the City has not complied with the City's obligations set forth in Section 2.1, 2.2, or 2.3 above, the State shall notify the City in writing consistent with Section 6.1 below, and the City shall have thirty (30) days from receipt of such written notice to respond to such notice either by undertaking any reasonable maintenance, repairs, or restorations requested by the State in such notice or by providing the State with information evidencing that the maintenance, repairs, and/or restorations requested by the State in its notice are not required pursuant to this Agreement. The Parties shall cooperate in good faith to resolve any disagreements as to any maintenance or repairs requested by the State pursuant to this Section 2.4. Notwithstanding anything to the contrary set forth herein, the City shall not be deemed to have committed an event of default hereunder unless the City has failed to commence with due diligence and dispatch the cure requested by the State within said thirty (30) calendar day period and does not thereafter promptly and continuously prosecute such to completion within sixty (60) calendar days after the date on which the City received the State's notice alleging that the City has not complied with Section 2.1, 2.2, or 2.3. 3, Other Riahts. Restrictions. Covenants. 3.1, Ootion to Rent Additional Parkina, The City hereby grants in favor of the State an option to rent up to thirty-five (35) additional parking spaces in the City Parking Structure ("Additional Parking"), subject to availability, at the market rental rates prevailing at the time the State exercises such option for comparable parking spaces in comparable parking structures within the Santa Ana Civic Center ("Prevailing Market Rate"). This option shall be exercisable by the State at any time from and after the completion of construction of the City Parking Structure. In order to exercise said option, the State shall notify the City in writing of its intent to acquire additional parking spaces and the number of parking spaces needed ("Notice of Intent"). Upon the City's receipt of the Notice of Intent, the City shall reserve the number of parking spaces requested by the State, subject to availability at the time of the City's receipt of the Notice of Intent. Within fifteen (15) days of the City's receipt of the Notice of Intent, the City shall notify the State in writing of the number of additional parking spaces available and the Prevailing Market Rate then in effect ("Notice of Availability"). Within thirty (30) days of the State's receipt of the Notice of Availability, the State may exercise its option by notifying the City in writing of the State's exercise of the option with respect to the number of additional parking spaces identified in the Notice of Availability at the Prevailing Market Rate then in effect ("Exercise Notice"). Within sixty (60) days of the City's receipt of the Exercise Notice, the State and the City shall cooperate to execute a written amendment to this Agreement amending the description of the State Parking Area to include the additional parking spaces identified in the Exercise Notice. The State's option rights hereunder shall continue hereunder in perpetuity until such time that the State acquires all thirty-five (35) additional parking spaces in the City Parking Structure. If all or any portion of the City Parking Structure is partially or totally damaged or destroyed by fire or other casualty such that the Additional Parking is not accessible or usable by the State in whole or in part, the State's obligation to pay rent shall be abated indefinitely 557986.11 4